Terms of Service
1. Acceptance of Terms of Use and Amendments
1.1 These Terms of use (Terms) govern your use of the website located at 'shouldihaveababy.com' (website). You accept the Terms as they apply from time to time whenever you access the website, or access products or services provided by this website, which forms a contract between B.E.S.T. Coaching A.B.N. 19 139 109 288 (we, us, our) and persons who access the website (you).
1.2 We may change these Terms from time to time. Any changes will come into effect when the updated terms and conditions are posted to the website. These terms are important and you should ensure that you read them carefully before using the remainder of the website.
2. Terms of Use
2.1 The information provided on this website, and its products and services, is not medical or psychiatric advice, and is not appropriate for you if you meet the following conditions:
a. If you have a psychiatric condition or suffer from psychosis.
b. If you are intoxicated from the use of alcohol and/or drugs and/or sniffing substances.
c. Have a history of major psychiatric episodes, hospitalizations or drug/alcohol dependence
d. If you are in an emergency situation and need urgent and immediate assistance.
e. Have a history of suicidal, homicidal or violent behavior or present as suicidal, homicidal or violent.
f. Have been diagnosed as any of the following - Borderline Personality Disorder, Major Depressive Disorder, Bipolar Disorder Type 1, Mentally Ill/Chemically Addicted (MICA), and/or Schizophrenia.
g. If you are under 18 years old.
If you meet the above conditions we cannot provide services to you. Please call or contact an appropriate helpline or therapist in your area.
3. Services
3.1 Email Support will involve the following: with prompts provided by us (questions and exercises) you will take your time to write about yourself, your situation, and your thoughts and feelings about whether to have a baby or not. We will then reply with thoughtful responses and feedback to what you have written and provide personal support. The email support process is designed to help you develop further insights, assist your emotional and mental processing of any issues, and support your progression in the decision-making process. For email support to be the most effective possible you should be willing to reveal honest information to us.
The duration of support is different for each person and can be difficult to estimate; I will address any concerns that you have about this. If you are not feeling satisfied with your support for any reason, you are asked to discuss this directly with me. I will work with you to uncover what might be preventing progress, and will modify the support (if appropriate), however if I believe you would be better served by seeking support elsewhere I will notify you.
3.2 You (as the client/customer) understand that the Guide and Email Support sessions have limitations (as well as benefits) compared to in-person sessions, among those being the lack of “personal” face-to-face interactions, the lack of visual and audio cues, and the fact that most companies will not cover this type of help. You understand that the Guide and Email Support with me is not a substitute for medication under the care of a psychiatrist or doctor. You understand that the Guide and Email Support may not be appropriate if you are experiencing a crisis or having suicidal or homicidal thoughts. If a life threatening crisis should occur, you agree to contact a crisis hotline, call your local emergency phone number, or go to a hospital emergency room.
3.3 There may be both benefits and risks while reading or participating in the Guide and Email Support, distance or otherwise. They may improve your ability to relate with others, provide a clearer understanding of yourself, your values, and your goals. They may also involve exploring or discussing unpleasant aspects of your life, and as a result you might experience uncomfortable feelings. Sometimes people find that they have a temporary increase in their level of distress when beginning email support or reading the Guide, because the process of working on personal issues can be difficult; please be aware of this. The Guide and Email Support often lead to better relationships, solutions to specific problems, and significant improvement in feelings of distress. However, please be aware that there are no guarantees of what you will experience, and that you enter this Agreement and use our services at your own risk. You agree that you understand the possible advantages and disadvantages of the Guide and Email Support and shall not hold us accountable for any information or insight distributed.
3.4 If your situation is very complex, or you have some really tough problems, the services offered through this website may only be one part of the solution for you. In relation to Email Support, if I feel you need more help than I can give you, then I will let you know. For many people a few email support sessions online are enough; but if it becomes obvious to us that it would be more appropriate for you to seek a different form of help, you will be advised accordingly. The helping process is so intricate and individual that unfortunately no guarantees can ever be given with any form of support.
3.5 Quizzes: The quizzes are designed to help people think about some of the main elements that are important when considering whether to have children, however, it should not be used as the only resource in a person's decision-making process. A quiz can only ever be a simple tool to assess what is usually complex thoughts, feelings and situations, therefore it is only useful as a guide, not as a definitive decision-making tool. The quizzes are for informational purposes only. All quiz content should be considered as opinion only, not as direct advice. Always seek the direct advice or support of your own doctor or therapist in connection with any questions or issues you may have regarding your own physical or mental health.
3.6 We are not a medical or health information website or provider. Any queries about medical treatment should be discussed directly with your doctor or heath care professional. Any choices made and/or any action taken by you as a consequence of the Quizzes, Guide or Email Support provided by us is wholly at your choice and is, and remains, solely your responsibility. We do not accept any liability or responsibility for any loss, damage and/or injury suffered (mental, emotional or physical) nor for any action or inaction by you as a consequence of the Quizzes, Guide or Email Support. Information provided on this website and through its services should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and inquiries to verify the accuracy of the information provided.
4. Privacy
4.1 Data and other personally identifiable information that we may collect is subject to the terms of this website's Privacy Policy (which includes security and confidentiality terms). Your privacy is very important to us, which is why the Privacy Policy explains in detail how your private information is collected, managed, processed, secured, and stored. Our Privacy Policy is included under the scope of this User Agreement. To read the Privacy Policy in its entirety, click here.
5. Payments
5.1 TIMING OF PAYMENTS: Payments for products or services provided by us are required to be paid in full before the service commences or product received.
5.2 DECLINED PAYMENTS: In the event a credit or debit card declines during the purchasing process you will be notified of the decline and will not receive access to the product or service.
5.3 CHARGEBACKS: In the event that you request a chargeback or refund from your credit or debit card provider for a payment of any purchase of a product or service from this website that you have agreed to pay as per these Terms Of Service (you agreed to by selecting the 'Terms of Service' check box when filling out the purchase form on the website), in addition to any communication between us, you will be liable to pay the chargeback plus a chargeback fee of $35USD regardless of the bank's final decision. As part of the chargeback process we submit evidence to your bank via our merchant facility to substantiate the proof that you entered into these Terms Of Service fully aware of doing so by completing the purchase on the website.
5.4 ADDITIONAL FEES: Our merchant facility is located outside of the United States, and you may therefore, depending on your bank and your location, be charged an international purchase fee when purchasing a product or service from this website. In addition, as with any international purchase, if your country's currency is not the same as the merchant's currency (our merchant charges in USD) you may also be charged a currency conversion fee by your bank. We do not charge any processing fees and have no control over the fees your bank may charge you.
5.5 All purchases made on the website will appear on your bank statement as 'PAYPAL *KIDS OR NOT'.
6. Money Back Guarantee, Cancellation & Refund Policies
6.1 Kids or Not Guide: We offer a 100% money-back guarantee. If you have read the guide and completed the exercises and still not found clarity on which choice is best for you - kids or not - we will refund the full purchase cost. Simply show us you have completed the guide, and we’ll happily refund you 100%, because we know that the 6 steps are successful for the majority that complete it. It has helped many thousands of men and women from all over the world, and we are confident it can help you too, that is why we ask that you commit to the exercises if you want to be successful in reaching your decision.
6.2 Email Support: If an email support session is cancelled after the service has been purchased, but before you (the client) has sent an email reply to the initial support email sent by us, 50% of the service cost will be retained as a cancellation fee and you will be refunded the other 50% of the charged price of the purchase. No cancellation or refund will be given once the client has sent an email reply to the initial support email sent by us.
7. Your Responsibilities
7.1 Each time you make a purchase, download, access or use this website, you explicitly agree to the Terms of Service & Privacy Policy.
7.2 Your email address: It is your responsibility and at your discretion to keep the privacy and confidentiality of the support emails received from us into your specified email address.
7.3 Confidentiality of your data: You are responsible for keeping the confidentiality of any content you download onto your computer. It is your responsibility to delete or keep safe emails and transcripts of online conversations. You should be aware that even deleted files can still be accessed. If you think your computer/device is not safe and private, find a safer computer/device, this is especially important if you are using a shared computer/device or if you suspect someone is monitoring your computer/device.
7.4 In order to use the online email support services of this website, you must prepay the amount of sessions desired and agree to provide us relevant information in order for them to help you. In order to access the Guide you must prepay the full purchase price before being granted access to download the Guide.
7.5 You take responsibility for your own decisions. We will aim to help you with the best of our abilities and with good intentions, to be aware of your options, but ultimately you make the decision as to what you will do. We cannot take responsibility for your decisions and the results of those decisions. And by engaging with our services you shall release us from any liability.
7.6 Your use of Email Support electronic communications. You explicitly agree not to forward email messages or other electronic communications from us to other persons, except in situations where this has been agreed in advance and written consent is given by us. You may not copy and paste a part of the text or use any of the text or advice out of context, or pass on the text advice to another person or organization.
7.7 We cannot review all communications and/or material posted on its website, and, as such, are not responsible in any way for the content of posted communications or materials. We have the right to block or delete any communications or materials on our blog or services that we deem as inappropriate.
7.8 Complaints: If you have a complaint, report your complaint using the website's contact form here. You will be contacted to discuss the complaint and negotiate a fair outcome.
8. Intellectual property rights
8.1 The materials accessed from, or via, this website (including website designs, downloads and third party materials) are protected under International copyright laws. You are allowed to view the content online or print a copy for your personal use or record. But you may not otherwise copy or change the materials. Unless specifically authorized by us it is strictly prohibited to modify, communicate, sell, reproduce, distribute, display or transmit any of the content or materials on or provided by this website. You must not interfere with any copyright notice, or interfere with or commercially use any trademark, logo or names (including business names and domain names), appearing on this website or in the contents accessed through this website.
8.2 You may not reproduce any part of this website without prior written permission from us. To request this permission, please use the contact form here. Any web publications must include a link to the our homepage or other agreed upon page.
9. Limitations of Liability
9.1 Our website is provided to you on an "AS IS" and "as available" basis, and may from time to time contain errors, faults and inaccuracies. The information on this website including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. We will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. We reserve the right to refuse to fill any orders or purchases, or provide services that are based on inaccurate or erroneous information on the website, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
9.2 The information on this website is the property of B.E.S.T. Coaching unless otherwise stated. The details are correct to the best of our knowledge, but no person or organization should act on the basis of its contents without obtaining appropriate advice. For comments or corrections to this website, please use the contact form here.
9.3 We do not warrant that you will have continuous access to the services provided by this website. We will not be liable in the event that the services provided by this website are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply, or during public holidays or holiday breaks. We may shut down our website and end this User Agreement at any time. However, in the event of such a termination, the Limitations of Liability and Governing Law sections would continue to apply.
9.4 We do not provide, and has no control over networks or services, the internet or other technology used or required to access this website and its services and accept no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
9.5 We reserve the right and may, at any time and without notice and any liability to you, amend or cease this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
9.6 You agree to access and use our website entirely at your own risk. We exclude all liability for damage or loss (including any loss of profits or income, business interruption, and loss or corruption of data or other information) arising as a result of your access to or use of our website to the full extent allowed by law; and retains all the options under law as to how we may discharge obligations with regards to any liability that cannot be lawfully excluded under these terms and conditions.
9.7 We will not be liable for any damages or injury, including, but not limited to, special or consequential damages that result from the use of (or the inability to use) the website and its contents and resources, including but not limited to the Guide, or a website linked to this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer/device virus, line failure, or other computer/device malfunction.
9.8 In conjunction with the Limitations of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. We will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our resources or services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
9.9 Regardless of a user (you) or our geographical or legal jurisdiction, all users acknowledge and agree that any and all information and or support provided by us through the Guide and Email Support shall be regarded as a coaching consultation and NOT as licensed, clinical treatment. Due to the nature of providing support online it is limited in situations of crisis and extreme emotional distress, and therefore, cannot be held to the same standards of a physical appointment. This disclaimer shall serve as informed consent to all users who choose to reveal personal health information through this platform.
9.10 You will indemnify, defend, and hold harmless us, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
(a) your access to or use of the Services, the Website, or the Content;
(b) your violation of any of the provisions of these Terms of Service;
(c) any activity related to your Account by you or any other person accessing the Website or Services through your account, including, without limitation, negligent or wrongful conduct; or
(d) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
9.11 We may at any time immediately terminate your access (including restricting access) to the website or any service of the website for any reason (including due to your breach or alleged breach of these terms of service) in its sole discretion and without prior notice. Any limitations of our liability survive such termination.
9.12 We make no representation and gives no warranty or guarantee about the security of the website or the safety of any file or software associated with it; or about the accessibility, quality or reliability of the website, or third party materials, contents, products or services promoted or accessed via the website.
10. Cookies
10.1 If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit our website. Cookies allow us to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider). If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to properly use parts of our website. For more information on cookies and how your data is collected and used please read our Privacy Policy.
11. Prohibited uses
11.1 In using our website and its services you must not:
a. Engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, data mine or use robots or other data collection methods;
b. Impersonate or falsely claim to represent a person or organization (although you may choose to use a pseudonym for confidentiality reasons if you wish);
c. Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
d. Post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use our website and/or its services in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
e. Post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
12. Agreement
12.1 For the purpose of this agreement this website is a service of B.E.S.T. Coaching based in Western Australia.
12.2 You agree that your use of this website, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of Western Australia, and the Commonwealth of Australia.
12.3 Binding Arbitration: Any dispute, controversy, or claim arising out of, relating to or in connection with these Terms Of Service, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with Western Australian law. The seat of arbitration shall be Perth, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
12.4 Governing Law: This Agreement shall be interpreted only in accordance with the laws of the State of Western Australia and the Commonwealth of Australia (excluding any rules governing choice of laws), and any legal proceeding associated with this Agreement will occur exclusively in the courts located in Perth, Western Australia. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If you have any questions regarding this policy, please contact us.
Last update: January, 2023
1.1 These Terms of use (Terms) govern your use of the website located at 'shouldihaveababy.com' (website). You accept the Terms as they apply from time to time whenever you access the website, or access products or services provided by this website, which forms a contract between B.E.S.T. Coaching A.B.N. 19 139 109 288 (we, us, our) and persons who access the website (you).
1.2 We may change these Terms from time to time. Any changes will come into effect when the updated terms and conditions are posted to the website. These terms are important and you should ensure that you read them carefully before using the remainder of the website.
2. Terms of Use
2.1 The information provided on this website, and its products and services, is not medical or psychiatric advice, and is not appropriate for you if you meet the following conditions:
a. If you have a psychiatric condition or suffer from psychosis.
b. If you are intoxicated from the use of alcohol and/or drugs and/or sniffing substances.
c. Have a history of major psychiatric episodes, hospitalizations or drug/alcohol dependence
d. If you are in an emergency situation and need urgent and immediate assistance.
e. Have a history of suicidal, homicidal or violent behavior or present as suicidal, homicidal or violent.
f. Have been diagnosed as any of the following - Borderline Personality Disorder, Major Depressive Disorder, Bipolar Disorder Type 1, Mentally Ill/Chemically Addicted (MICA), and/or Schizophrenia.
g. If you are under 18 years old.
If you meet the above conditions we cannot provide services to you. Please call or contact an appropriate helpline or therapist in your area.
3. Services
3.1 Email Support will involve the following: with prompts provided by us (questions and exercises) you will take your time to write about yourself, your situation, and your thoughts and feelings about whether to have a baby or not. We will then reply with thoughtful responses and feedback to what you have written and provide personal support. The email support process is designed to help you develop further insights, assist your emotional and mental processing of any issues, and support your progression in the decision-making process. For email support to be the most effective possible you should be willing to reveal honest information to us.
The duration of support is different for each person and can be difficult to estimate; I will address any concerns that you have about this. If you are not feeling satisfied with your support for any reason, you are asked to discuss this directly with me. I will work with you to uncover what might be preventing progress, and will modify the support (if appropriate), however if I believe you would be better served by seeking support elsewhere I will notify you.
3.2 You (as the client/customer) understand that the Guide and Email Support sessions have limitations (as well as benefits) compared to in-person sessions, among those being the lack of “personal” face-to-face interactions, the lack of visual and audio cues, and the fact that most companies will not cover this type of help. You understand that the Guide and Email Support with me is not a substitute for medication under the care of a psychiatrist or doctor. You understand that the Guide and Email Support may not be appropriate if you are experiencing a crisis or having suicidal or homicidal thoughts. If a life threatening crisis should occur, you agree to contact a crisis hotline, call your local emergency phone number, or go to a hospital emergency room.
3.3 There may be both benefits and risks while reading or participating in the Guide and Email Support, distance or otherwise. They may improve your ability to relate with others, provide a clearer understanding of yourself, your values, and your goals. They may also involve exploring or discussing unpleasant aspects of your life, and as a result you might experience uncomfortable feelings. Sometimes people find that they have a temporary increase in their level of distress when beginning email support or reading the Guide, because the process of working on personal issues can be difficult; please be aware of this. The Guide and Email Support often lead to better relationships, solutions to specific problems, and significant improvement in feelings of distress. However, please be aware that there are no guarantees of what you will experience, and that you enter this Agreement and use our services at your own risk. You agree that you understand the possible advantages and disadvantages of the Guide and Email Support and shall not hold us accountable for any information or insight distributed.
3.4 If your situation is very complex, or you have some really tough problems, the services offered through this website may only be one part of the solution for you. In relation to Email Support, if I feel you need more help than I can give you, then I will let you know. For many people a few email support sessions online are enough; but if it becomes obvious to us that it would be more appropriate for you to seek a different form of help, you will be advised accordingly. The helping process is so intricate and individual that unfortunately no guarantees can ever be given with any form of support.
3.5 Quizzes: The quizzes are designed to help people think about some of the main elements that are important when considering whether to have children, however, it should not be used as the only resource in a person's decision-making process. A quiz can only ever be a simple tool to assess what is usually complex thoughts, feelings and situations, therefore it is only useful as a guide, not as a definitive decision-making tool. The quizzes are for informational purposes only. All quiz content should be considered as opinion only, not as direct advice. Always seek the direct advice or support of your own doctor or therapist in connection with any questions or issues you may have regarding your own physical or mental health.
3.6 We are not a medical or health information website or provider. Any queries about medical treatment should be discussed directly with your doctor or heath care professional. Any choices made and/or any action taken by you as a consequence of the Quizzes, Guide or Email Support provided by us is wholly at your choice and is, and remains, solely your responsibility. We do not accept any liability or responsibility for any loss, damage and/or injury suffered (mental, emotional or physical) nor for any action or inaction by you as a consequence of the Quizzes, Guide or Email Support. Information provided on this website and through its services should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and inquiries to verify the accuracy of the information provided.
4. Privacy
4.1 Data and other personally identifiable information that we may collect is subject to the terms of this website's Privacy Policy (which includes security and confidentiality terms). Your privacy is very important to us, which is why the Privacy Policy explains in detail how your private information is collected, managed, processed, secured, and stored. Our Privacy Policy is included under the scope of this User Agreement. To read the Privacy Policy in its entirety, click here.
5. Payments
5.1 TIMING OF PAYMENTS: Payments for products or services provided by us are required to be paid in full before the service commences or product received.
5.2 DECLINED PAYMENTS: In the event a credit or debit card declines during the purchasing process you will be notified of the decline and will not receive access to the product or service.
5.3 CHARGEBACKS: In the event that you request a chargeback or refund from your credit or debit card provider for a payment of any purchase of a product or service from this website that you have agreed to pay as per these Terms Of Service (you agreed to by selecting the 'Terms of Service' check box when filling out the purchase form on the website), in addition to any communication between us, you will be liable to pay the chargeback plus a chargeback fee of $35USD regardless of the bank's final decision. As part of the chargeback process we submit evidence to your bank via our merchant facility to substantiate the proof that you entered into these Terms Of Service fully aware of doing so by completing the purchase on the website.
5.4 ADDITIONAL FEES: Our merchant facility is located outside of the United States, and you may therefore, depending on your bank and your location, be charged an international purchase fee when purchasing a product or service from this website. In addition, as with any international purchase, if your country's currency is not the same as the merchant's currency (our merchant charges in USD) you may also be charged a currency conversion fee by your bank. We do not charge any processing fees and have no control over the fees your bank may charge you.
5.5 All purchases made on the website will appear on your bank statement as 'PAYPAL *KIDS OR NOT'.
6. Money Back Guarantee, Cancellation & Refund Policies
6.1 Kids or Not Guide: We offer a 100% money-back guarantee. If you have read the guide and completed the exercises and still not found clarity on which choice is best for you - kids or not - we will refund the full purchase cost. Simply show us you have completed the guide, and we’ll happily refund you 100%, because we know that the 6 steps are successful for the majority that complete it. It has helped many thousands of men and women from all over the world, and we are confident it can help you too, that is why we ask that you commit to the exercises if you want to be successful in reaching your decision.
6.2 Email Support: If an email support session is cancelled after the service has been purchased, but before you (the client) has sent an email reply to the initial support email sent by us, 50% of the service cost will be retained as a cancellation fee and you will be refunded the other 50% of the charged price of the purchase. No cancellation or refund will be given once the client has sent an email reply to the initial support email sent by us.
7. Your Responsibilities
7.1 Each time you make a purchase, download, access or use this website, you explicitly agree to the Terms of Service & Privacy Policy.
7.2 Your email address: It is your responsibility and at your discretion to keep the privacy and confidentiality of the support emails received from us into your specified email address.
7.3 Confidentiality of your data: You are responsible for keeping the confidentiality of any content you download onto your computer. It is your responsibility to delete or keep safe emails and transcripts of online conversations. You should be aware that even deleted files can still be accessed. If you think your computer/device is not safe and private, find a safer computer/device, this is especially important if you are using a shared computer/device or if you suspect someone is monitoring your computer/device.
7.4 In order to use the online email support services of this website, you must prepay the amount of sessions desired and agree to provide us relevant information in order for them to help you. In order to access the Guide you must prepay the full purchase price before being granted access to download the Guide.
7.5 You take responsibility for your own decisions. We will aim to help you with the best of our abilities and with good intentions, to be aware of your options, but ultimately you make the decision as to what you will do. We cannot take responsibility for your decisions and the results of those decisions. And by engaging with our services you shall release us from any liability.
7.6 Your use of Email Support electronic communications. You explicitly agree not to forward email messages or other electronic communications from us to other persons, except in situations where this has been agreed in advance and written consent is given by us. You may not copy and paste a part of the text or use any of the text or advice out of context, or pass on the text advice to another person or organization.
7.7 We cannot review all communications and/or material posted on its website, and, as such, are not responsible in any way for the content of posted communications or materials. We have the right to block or delete any communications or materials on our blog or services that we deem as inappropriate.
7.8 Complaints: If you have a complaint, report your complaint using the website's contact form here. You will be contacted to discuss the complaint and negotiate a fair outcome.
8. Intellectual property rights
8.1 The materials accessed from, or via, this website (including website designs, downloads and third party materials) are protected under International copyright laws. You are allowed to view the content online or print a copy for your personal use or record. But you may not otherwise copy or change the materials. Unless specifically authorized by us it is strictly prohibited to modify, communicate, sell, reproduce, distribute, display or transmit any of the content or materials on or provided by this website. You must not interfere with any copyright notice, or interfere with or commercially use any trademark, logo or names (including business names and domain names), appearing on this website or in the contents accessed through this website.
8.2 You may not reproduce any part of this website without prior written permission from us. To request this permission, please use the contact form here. Any web publications must include a link to the our homepage or other agreed upon page.
9. Limitations of Liability
9.1 Our website is provided to you on an "AS IS" and "as available" basis, and may from time to time contain errors, faults and inaccuracies. The information on this website including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. We will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. We reserve the right to refuse to fill any orders or purchases, or provide services that are based on inaccurate or erroneous information on the website, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
9.2 The information on this website is the property of B.E.S.T. Coaching unless otherwise stated. The details are correct to the best of our knowledge, but no person or organization should act on the basis of its contents without obtaining appropriate advice. For comments or corrections to this website, please use the contact form here.
9.3 We do not warrant that you will have continuous access to the services provided by this website. We will not be liable in the event that the services provided by this website are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply, or during public holidays or holiday breaks. We may shut down our website and end this User Agreement at any time. However, in the event of such a termination, the Limitations of Liability and Governing Law sections would continue to apply.
9.4 We do not provide, and has no control over networks or services, the internet or other technology used or required to access this website and its services and accept no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
9.5 We reserve the right and may, at any time and without notice and any liability to you, amend or cease this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
9.6 You agree to access and use our website entirely at your own risk. We exclude all liability for damage or loss (including any loss of profits or income, business interruption, and loss or corruption of data or other information) arising as a result of your access to or use of our website to the full extent allowed by law; and retains all the options under law as to how we may discharge obligations with regards to any liability that cannot be lawfully excluded under these terms and conditions.
9.7 We will not be liable for any damages or injury, including, but not limited to, special or consequential damages that result from the use of (or the inability to use) the website and its contents and resources, including but not limited to the Guide, or a website linked to this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer/device virus, line failure, or other computer/device malfunction.
9.8 In conjunction with the Limitations of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. We will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our resources or services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
9.9 Regardless of a user (you) or our geographical or legal jurisdiction, all users acknowledge and agree that any and all information and or support provided by us through the Guide and Email Support shall be regarded as a coaching consultation and NOT as licensed, clinical treatment. Due to the nature of providing support online it is limited in situations of crisis and extreme emotional distress, and therefore, cannot be held to the same standards of a physical appointment. This disclaimer shall serve as informed consent to all users who choose to reveal personal health information through this platform.
9.10 You will indemnify, defend, and hold harmless us, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
(a) your access to or use of the Services, the Website, or the Content;
(b) your violation of any of the provisions of these Terms of Service;
(c) any activity related to your Account by you or any other person accessing the Website or Services through your account, including, without limitation, negligent or wrongful conduct; or
(d) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
9.11 We may at any time immediately terminate your access (including restricting access) to the website or any service of the website for any reason (including due to your breach or alleged breach of these terms of service) in its sole discretion and without prior notice. Any limitations of our liability survive such termination.
9.12 We make no representation and gives no warranty or guarantee about the security of the website or the safety of any file or software associated with it; or about the accessibility, quality or reliability of the website, or third party materials, contents, products or services promoted or accessed via the website.
10. Cookies
10.1 If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit our website. Cookies allow us to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider). If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to properly use parts of our website. For more information on cookies and how your data is collected and used please read our Privacy Policy.
11. Prohibited uses
11.1 In using our website and its services you must not:
a. Engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, data mine or use robots or other data collection methods;
b. Impersonate or falsely claim to represent a person or organization (although you may choose to use a pseudonym for confidentiality reasons if you wish);
c. Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
d. Post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use our website and/or its services in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
e. Post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
12. Agreement
12.1 For the purpose of this agreement this website is a service of B.E.S.T. Coaching based in Western Australia.
12.2 You agree that your use of this website, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of Western Australia, and the Commonwealth of Australia.
12.3 Binding Arbitration: Any dispute, controversy, or claim arising out of, relating to or in connection with these Terms Of Service, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with Western Australian law. The seat of arbitration shall be Perth, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
12.4 Governing Law: This Agreement shall be interpreted only in accordance with the laws of the State of Western Australia and the Commonwealth of Australia (excluding any rules governing choice of laws), and any legal proceeding associated with this Agreement will occur exclusively in the courts located in Perth, Western Australia. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If you have any questions regarding this policy, please contact us.
Last update: January, 2023