Terms & Conditions

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to www.wholeatwork.com (Website). The Website provides general information about Whole at Work's coaching services, including career coaching, life coaching and related mentoring services.

(b) The Website may allow users to submit enquiries, request bookings, or access third-party booking functionality to schedule coaching sessions.

(c) Some bookings may require upfront payment. Booking and payment functionality may be provided or facilitated through third-party providers, including Google and Stripe.

(d) The Website is operated by Whole at Work (trading as Jacklyn Rose) (ABN 33 634 148 589).

(e) By accessing or using the Website, submitting an enquiry, making a booking, or purchasing services through the Website or a linked third-party booking system, you agree to be bound by these Terms. If you do not agree, you must stop using the Website.

(f) Whole at Work may update these Terms from time to time by publishing the updated version on the Website. Changes take effect from the date of publication unless stated otherwise.

2. Eligibility and Use

(a) You must be at least 18 years old, or otherwise legally capable of entering into a binding agreement, to use the Website or book Services.

(b) You must only use the Website for lawful purposes and in accordance with these Terms.

(c) You must not use the Website in any way that may interfere with its normal operation or infringe the rights of Whole at Work or any other person.

3. Information You Provide

(a) When submitting an enquiry or making a booking, you may be asked to provide personal information such as your full name, email address, telephone number, and any other information reasonably required to respond to your enquiry or manage your booking.

(b) You agree that the information you provide is accurate, complete and up to date.

(c) If you provide information on behalf of another person, you are responsible for ensuring you are authorised to do so.

4. Third-Party Booking and Payment Providers

(a) The Website may contain links to, integrations with, or embedded functionality provided by third parties, including Google and Stripe.

(b) Where you use a third-party booking or payment service, you may also be subject to that third party's terms, conditions and privacy practices.

(c) Whole at Work does not control and is not responsible for the operation, availability, security or privacy practices of third-party platforms, except to the extent required by law.

(d) Payment card and billing information may be collected and processed directly by the relevant third-party payment provider rather than by Whole at Work.

5. Bookings and Payments

(a) Fees for Services are as stated on the Website, in the booking system, or otherwise notified to you before you confirm your booking.

(b) A booking is subject to availability and is only confirmed when confirmation is issued through the relevant booking system or by Whole at Work directly.

(c) Some bookings require full or partial payment in advance.

(d) Payments may be processed through third-party providers, including Stripe. By making a payment, you agree to comply with any applicable third-party payment terms.

(e) Unless stated otherwise, all prices are in Australian dollars.

(f) Whole at Work may change its service fees from time to time, but any change will not affect a booking already confirmed at the earlier price, unless the earlier price was obviously incorrect.

6. Cancellations and Refunds

(a) Cancellation, rescheduling and refund rights for coaching sessions are subject to the specific booking terms disclosed at the time of booking.

(b) If Whole at Work cancels a confirmed session and is unable to reschedule it within a reasonable time, you will be offered either a rescheduled session or a refund of any prepaid amount for the affected session.

(c) To the extent permitted by law, refunds are not available for change of mind.

(d) Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law.

7. Acceptable Use

You must not:

(a) use the Website for any unlawful purpose;

(b) interfere with or disrupt the proper operation of the Website;

(c) copy, reproduce, modify, distribute, publish, transmit, display or exploit any content on the Website except as permitted by law or these Terms;

(d) use any automated means, including bots, scraping tools or data extraction tools, to access the Website or collect information from the Website without Whole at Work's prior written consent;

(e) submit false, misleading or fraudulent information through the Website or any booking system linked to the Website; or

(f) use the Website in any way that may harm Whole at Work, its users, or its reputation.

8. Intellectual Property and Materials

(a) The Website, the Services, and all content made available on the Website, including text, graphics, logos, images, videos, design, layout, downloads, worksheets, guides, templates and other materials, are owned by or licensed to Whole at Work unless otherwise stated.

(b) You may access and use the Website and any materials made available to you for your personal, non-commercial use only.

(c) Except as permitted by law or with Whole at Work's prior written consent, you must not reproduce, adapt, distribute, display, publish, sell, sublicense, share with third parties, or create derivative works from any part of the Website or its content or materials.

(d) Nothing in these Terms transfers any intellectual property rights to you.

(e) If Whole at Work provides you with any resources, worksheets, templates, recordings or other materials before a separate services agreement is entered into, those materials are provided for your personal use only and remain the property of Whole at Work unless expressly stated otherwise.

9. Privacy

Any personal information collected through the Website or in connection with your use of the Website or booking of Services will be handled in accordance with Whole at Work's Privacy Policy.

10. General Disclaimer

(a) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including under the Australian Consumer Law, where doing so would be unlawful.

(b) To the maximum extent permitted by law, the Website and its content are provided on an "as is" and "as available" basis.

(c) While Whole at Work takes reasonable care in preparing the content on the Website, Whole at Work does not warrant that the Website will be uninterrupted, error-free, secure, or free from harmful components, or that any content is complete, accurate, current or suitable for your particular circumstances.

(d) General information made available on the Website is provided for informational purposes only.

(e) Whole at Work's services are coaching and mentoring services. They are not medical, psychiatric, psychological, counselling, crisis support or other health services, and are not a substitute for professional medical, mental health, legal, financial or other regulated professional advice.

(f) You should seek appropriate independent professional support if you require medical, mental health, psychological, therapeutic, crisis or other clinical assistance.

(g) You are responsible for assessing whether the Services are suitable for your circumstances before making a booking.

(h) Whole at Work does not guarantee any particular outcome, result, career progression, personal development outcome or other benefit from your use of the Website or participation in any Services. Outcomes will vary depending on individual circumstances, effort, timing and factors outside Whole at Work's control.

11. Recordings

(a) Unless otherwise agreed in writing, you must not record any coaching session, call, meeting or other interaction with Whole at Work.

(b) Whole at Work will not record sessions unless it has notified you and any required consent has been obtained.

(c) If a recording is made with consent, that recording may only be used for the purpose for which it was created and remains subject to any separate agreement between you and Whole at Work.

12. Limitation of Liability

(a) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

(b) To the maximum extent permitted by law, Whole at Work excludes all liability for any indirect, incidental, special or consequential loss, or any loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, or loss of data arising out of or in connection with the Website, the Services or these Terms.

(c) To the maximum extent permitted by law, Whole at Work's total aggregate liability arising out of or in connection with the Website, the Services or these Terms, whether in contract, tort (including negligence), under statute or otherwise, is limited to the greater of:

(i) the resupply of the relevant Services; and

(ii) the total amount actually paid by you to Whole at Work for the relevant Services giving rise to the claim in the 3 months immediately preceding the event giving rise to the liability.

(d) This clause does not apply to liability arising from fraud, wilful misconduct, or any liability that cannot lawfully be excluded or limited.

13. Suspension and Cancellation

Whole at Work may restrict access to the Website, or decline, cancel or reschedule a booking, where reasonably necessary to respond to misuse of the Website, a breach of these Terms, legal requirements, or operational issues affecting the booking or delivery of the Services.

14. Indemnity

You indemnify Whole at Work, its officers, employees and agents against any loss, liability, damage, cost or expense (including reasonable legal costs) suffered or incurred by them arising out of or in connection with:

(a) your material breach of these Terms;

(b) your unlawful use of the Website;

(c) any information, material or content submitted by you that is false, misleading, infringes the rights of a third party, or breaches any applicable law; or

(d) your negligent, fraudulent or wilfully wrongful act or omission in connection with your use of the Website or the Services except to the extent that the relevant loss was caused or contributed to by Whole at Work's own negligence, fraud or wilful misconduct.

15. Dispute Resolution

15.1 If a dispute arises out of or relates to these Terms, a party must not commence court proceedings in relation to the dispute unless this clause has been complied with, except where that party seeks urgent interlocutory relief.

15.2 A party claiming that a dispute has arisen must give written notice to the other party setting out the nature of the dispute, the outcome sought and the action required to resolve the dispute.

15.3 Within 28 days after a notice is received, the parties must endeavour in good faith to resolve the dispute by negotiation.

15.4 If the dispute has not been resolved within 28 days after the notice is received, the parties must attempt to resolve the dispute by mediation. The mediator is to be agreed between the parties or, failing agreement, appointed by the Resolution Institute.

15.5 Unless otherwise agreed, the mediation will be conducted in Sydney, New South Wales, or by video conference.

15.6 Each party must pay its own costs of the dispute resolution process, and the parties must share equally the mediator's fees and any venue costs.

15.7 All communications made in connection with a negotiation or mediation under this clause are confidential and, to the extent permitted by law, made on a without prejudice basis.

15.8 If the dispute is not resolved within 2 months after the mediation starts, either party may end the mediation and commence court proceedings.

16. Venue and Jurisdiction

These Terms are intended to operate in Australia. You agree that any dispute arising out of or in connection with the Website, the Services or these Terms is subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

17. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim arising out of or relating to these Terms is governed by and must be construed in accordance with the laws of New South Wales, Australia.

18. Severability

If any provision of these Terms is held to be void, invalid, unlawful or unenforceable, that provision is to be read down to the extent necessary to make it enforceable or, if that is not possible, severed from these Terms, and the remaining provisions will continue in full force and effect..