General

These are the terms and conditions (T&Cs) of coaching by Kate McGurk trading as “TRUU” (ABN 43 360 018 790) (TRUU). These T&Cs will apply to all bookings (Bookings) of coaching services (Services) made through TRUU's website (www.truu.com.au). By making a Booking, you agree to be bound by these T&Cs and acknowledge that you have read and understood these T&Cs.

Bookings

All Bookings are subject to confirmation and acceptance by TRUU. TRUU reserves the right to accept or reject a Booking at its discretion. When TRUU accepts a Booking, it represents an agreement by TRUU to supply the Services in accordance with the Booking and these T&Cs. If TRUU rejects a Booking, it will do so without charge to you and will refund any monies paid by you in respect of the Booking. In making a Booking, you agree that you have not engaged in any fraudulent conduct or contravened any law.

Rescheduling and cancellation

You may reschedule or cancel a Booking via the TRUU website up to 24 hours prior to the scheduled appointment time without incurring any fees. Any rescheduling or cancellation within 24 hours of your appointment may incur a fee at TRUU’s discretion, subject to applicable laws.

Payment

Prices are displayed or quoted to you in Australian dollars. Prices are subject to change by TRUU without notice however Prices for a Booking are fixed once the Booking has been confirmed and accepted.

For a Booking, TRUU will charge you and you agree to pay the price displayed on the invoice (Price) and any fees or charges for additional Services that are made after the initial Booking. All purchases must be made by credit or debit card acceptable to TRUU or electronic funds transfer into a TRUU nominated account. If paying by credit card, you must provide your nominated credit card details during the purchase process.

After the Booking has been accepted, TRUU will invoice you and process payment for the Services accordingly. TRUU may invoice you for additional fees relating to additional Services provided that did not form part of the original Booking but were subsequently requested by you.

All reasonable steps are taken to ensure that the Booking and payment details provided by you to TRUU are safe and secure.  However, while TRUU takes all reasonable precautions, the security of the transaction cannot be guaranteed.

If you pay by credit card, you authorise TRUU to debit the Price plus any additional fees (as applicable) from your nominated credit card.

Services

TRUU will endeavour to deliver the Services to you in accordance with the Booking. However, TRUU will not be liable to you or anyone else for any losses suffered or incurred due to any changes to the Booking.

You agree that if you provide inaccurate or incomplete personal details when making a Booking, TRUU will not be liable to you for any loss resulting from failure to process the Booking.

If your Booking is for Services delivered by videoconference or other electronic means and, due to technical difficulties, TRUU is unable to provide you with the Services, then you will not be liable to pay for the Services. However, you agree that you will not be entitled to any other compensation in respect of TRUU's inability to provide those Services.

TRUU will endeavour to provide accurate descriptions of Services to you.  However, you acknowledge that the description of Services may, at times, differ from the actual Services.

Guidance

All Services and associated communications delivered by TRUU and information on the TRUU website (www.truu.com.au) are for guidance purposes only.

TRUU does not provide, and its Services should not be used as a substitute for, psychology, medical or other professional advice. TRUU is not a mental health provider, medical practitioner or other healthcare provider and the Services are not intended to diagnose, treat or cure any mental health or medical conditions. TRUU recommends you seek independent professional advice as necessary.

TRUU does not guarantee or make any representations as to any desired outcomes arising from the Services.  You understand and agree that you are responsible for your own wellbeing in the course of receiving the Services and for the decisions you make following receipt of the Services.

Intellectual Property

All intellectual property rights in the materials and information provided by TRUU in connection with the Services (including without limitation workbooks, manuals, questionnaires, methodologies and information sheets) that is developed or created by TRUU vest solely in and is the property of TRUU. TRUU grants you a non-transferrable royalty free licence to use the materials and information described in this clause solely for the purposes of receiving the Services.

Confidentiality

TRUU acknowledges that certain information you disclose in the course of receiving coaching Services is confidential and that any disclosure or misuse of such information may have adverse impacts on you. You can rest assured that any information of a confidential nature that you disclose to TRUU will be treated with the strictest of confidence and will not be disclosed to anybody unless required by law.

Privacy

To supply the Services to you, TRUU requires certain personal information from you (including your name and email address) when making a Booking.  Your information is collected in accordance with TRUU's Privacy Policy (available at: www.truu.com.au).  If you do not wish to provide personal information, you may not be able to make a Booking. TRUU will not disclose your personal information without your consent (unless required to do so by law) or otherwise in accordance with its Privacy Policy. TRUU may however use your personal information for the purposes of administering your Booking and providing Services to you in accordance with its Privacy Policy. You acknowledge and agree that your personal information will be collected and used by TRUU for these purposes.

Liability and Release

To the extent permitted by law, TRUU excludes all conditions or warranties which would otherwise be implied into these T&Cs whether by law, statute or otherwise. TRUU is also not liable for any direct or consequential loss. However, nothing in these T&Cs is intended to limit or exclude any liability on TRUU's part where or to the extent that applicable law prohibits such exclusion or limitation.

To the extent permitted by law and notwithstanding anything else in these T&Cs, TRUU's aggregate liability to you in connection with these T&Cs on any other grounds (in contract, tort including negligence, statute or otherwise) will not exceed the total amount paid by you to TRUU under these T&Cs.

To the extent permitted by law, TRUU's liability for a breach of any and all terms implied into these T&Cs or otherwise conferred on you by law is excluded, but to the extent that such liability cannot be excluded, is limited to resupply of the Services or payment of the cost of resupplying the Services (as determined by TRUU in its discretion).

You hereby release and forever discharge TRUU and its successors and assigns from and against any liability or claim you have or may have in the future relating to or arising from any acts or omissions by you or TRUU in connection with the Services and/or these T&Cs.

General

TRUU may change these T&Cs from time to time without prior warning. It is your responsibility to read and understand the T&Cs in place each time you make a Booking. These T&Cs are governed by the laws of Western Australia and the courts of Western Australia and shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it. These T&Cs contain all the provisions of the agreement between you and TRUU in relation to Bookings and Services.