The Breakthrough Academy Pty Ltd Terms of Use Policy

Please read The Breakthrough Academy Pty Ltd T/A The Coach Terms and Conditions (the “Agreement”) carefully before using the www.thecoachsa.com website (the “Website”), or any services provided by The Breakthrough Academy Pty Ltd T/A The Coach (“The Coach”, “us”, “we”, or “our”). Your access to and use of the Website or Services ( the “Service”) is conditioned upon your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users, students and others (each a “Customer,” “you”, or “your”) who access or use the Service.


IMPORTANT NOTICE: BY ACCESSING OR USING THE SERVICE. YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. IF YOU DISAGREE WITH ANY PART OF THIS AGREEMENT THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICES. FOR THE AVOIDANCE OF DOUBT, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT.


The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to any Services through any online provisioning, registration, or purchase, order process.


1. General Terms
1.1 Fees and Payment.  
All Session orders, or other online material are payable upfront and may change without prior notice.
1.2 Digital or Physical Products
We do not accept returns or offer refunds for any online courses, our online, downloadable products, or sessions purchased.
1.3 Payment options
We accept Electronic Transfer for customer living in RSA and PayPal payment for all other countries. 


2. Customer Obligations, Limitations of Use, and Rights
2.1 Acceptable Use. You agree to comply with our Acceptable Use Policy.
2.2 Security. You are responsible for maintaining the confidentiality of any password and username you are given or select in connection with the Services, and you are fully responsible for all activities that occur under your password or account. You shall not share your password and username, or allow others to use them to access the Services. You agree to notify The Coach as soon as possible if you become aware of any unauthorized use of your password or username or any other breach of security.
2.3 Restrictions. Customer acknowledges that the Services constitute valuable property, intellectual property and trade secrets of The Coach, and Customer and Users agree not to do or allow any of the following, without the express written authorization of The Coach: (1) make the Services available to, or use the Services for the benefit of, anyone other than yourself; (2) copy, distribute, sell, resell, license, sublicense, distribute, rent, lease the Services (3) use the Services to send SPAM or store or transmit infringing, libelous, or otherwise unlawful, or tortious content, material, or data; (4) use the Services to store or transmit material or data on or through the Services in violation of law, including intellectual property laws and applicable privacy laws, or third-party rights including privacy rights, or any contract to which you are a party; (5) use the Services to store or transmit malicious or disruptive code; (6) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; (7) attempt to gain unauthorized access to the Services or its related systems or networks; (8) permit direct or indirect access to or use of the Services in a way that circumvents a contractual usage limit; (9) copy the Services or any part, feature, function, graphics or user interface thereof; (10) frame or mirror any part of any Services, other than framing on your own internal intranets; (11) access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service; (12) modify, translate, or create derivative works based on the Services or any underlying software or results provided through the Services; (13) decompile, disassemble, decipher, reverse-engineer or reverse assemble any portion of the Services, or otherwise attempt to derive any source code or underlying ideas or algorithms of the software of any other part of the Services; (14) develop its own database or permit any third party to develop its own database using the results or output delivered through the Services or any portion or derivatives thereof; (15) remove or alter any trademark, logo, copyright or other proprietary notices associated with the Services; or (16) breach The Coach’s Acceptable Use Policy. The Coach reserves the right, without limiting any other right or remedy, to suspend Customer’s access (and therefore, all Users access) to and use of the Services if The Coach or its service providers determine that Customer is engaging (or has engaged) in any of the prohibited activities set forth in this Section 3.4.
2.4. Compliance with Laws. Customer agrees to comply with all Laws in its use of the Services.  
2.5 Integrity and Accuracy. Although The Coach attempts to ensure the integrity and accuracy of the site, it makes no guarantees whatsoever as to the correctness or accuracy of the site. It is possible that there may be inaccuracies or errors. In the event that an inaccuracy arises, please inform The Breakthrough Academy PTY Ltd T/A THE Coach so that it can be corrected. This agreement is entered into in South Africa and will be governed by and construed in accordance with the laws of South Africa. By using this website and online application you consent to submit to the exclusive jurisdiction of the laws of South Africa. 
2.6 Personal Injury/Liability
The Coach will take all reasonable steps to perform our services with reasonable care and skill. However, The Coach is devoted to education, training, counselling and quantum sessions and in order to protect its assets for the benefit of those objects, The Coach shall not be liable to you for any of the following types of loss or damage arising out of or in connection with the delivery and use of our products/services, including but not limited to the Web Site:
a. any loss of profits, loss of earnings loss of anticipated savings, goodwill or revenue;
b. any personal injury or death or loss of property arising during service course delivery except where such personal injury or death is caused by The Coach’s negligence;
c. any loss or corruption of data or any indirect or consequential loss.
The Coach’s maximum aggregate liability to you for any claim in contract, tort, negligence, or otherwise arising out of or in connection with the provision of any product or services shall be limited to the charges paid by you in respect of the product or service which is the subject of any such claim and provided you notify us of any such claim within three months of it arising.
The Coach shall not be liable to you for any indirect or consequential loss, including loss of data, profit or business however caused.
Neither party shall be liable to the other for any failure or delay in the performance of its obligations under these terms and conditions caused by circumstances beyond that party’s control.
2.7 No Substitute for Medical Advice. All materials provided on The Coach and The Coach are provided for informational or educational purposes only and are not intended to be, or serve as a substitute for, professional medical advice, examination, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through any portion of the The Coach web site. YOUR USE OF THE WEBSITE The Coach IS AT YOUR SOLE RISK. INFORMATION PROVIDED ON THE SITE IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.

The Coach AND ITS OWNERS, OFFICERS, EMPLOYEES, INTERNS, CONTRACTORS, AFFILIATES, AND SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, WEBSITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR WEBSITE-RELATED SERVICES IS TO STOP USING THIS WEBSITE AND/OR THOSE SERVICES.
2.8 Termination. The Coach shall have the right, at any time, by serving written notice on you, to cancel your registration and access to any products if you are in breach of any material term of these conditions.
If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of the terms and conditions shall continue in full force and effect.


3. Privacy Policy
3.1 Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, to understand our practices regarding the information we collect about you through the Services. By using the Services, you indicate that you have read, understand and agree to the terms and conditions of our Privacy Policy, including its disclosures regarding collection, use, and disclosure of your information in accordance with our Privacy Policy.
3.2 Entire Agreement. This Agreement (together with any Privacy Policy and Acceptable Use Policy) constitute the entire agreement between you and us regarding our Services and supersedes and replaces any prior agreements we might have had between you and us regarding the Services.
3.3 Governing Law. This Agreement and your relationship with us shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

4. Links to other sites 

The Coach may provide links to other sites on the World Wide Web for the convenience of users in locating products, information, and services. These sites may be maintained by third parties over which the owners of The Coach and The Coach exercise no control.  Accordingly, the owners, officers, employees, interns, contractors, affiliates, and sponsors of The Coach and The Coach expressly disclaim any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on third party websites.

5. Advertisers on this site

The Coach may post the advertisements of third parties on this website. Your correspondence or dealings with advertisers found on this website are solely between you and such advertiser. You agree that The Coach and its owners, officers, employees, interns, contractors, affiliates, and sponsors shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this website. The Coach, its owners, officers, employees, interns, contractors, affiliates, and sponsors shall not be responsible or liable for the statements or conduct of any third party on this website including but not limited to advertisers.

6. Transactions with third parties

The Coach allows you to purchase products and services directly from third party vendors (“Third Party Vendors”) through links on this website.  By using this website, you acknowledge and agree that The Coach, its owners, officers, employees, interns, contractors, affiliates, and sponsors shall have no liability for any cost, damage or harm arising directly or indirectly from (i) any Third Party Vendor products or services ordered through this website and (ii) any action or inaction of any Third Party Vendor. The Coach. its owners, officers, employees, interns, contractors, affiliates, and sponsors make no warranties or representations whatsoever regarding any product or service provided or offered by any Third Party Vendor and you acknowledge that any reliance on representations and warranties provided by any Third Party Vendor shall be at your own risk. The Coach, its owners, officers, employees, interns, contractors, affiliates, and sponsors EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY VENDORS AND YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTY VENDORS FOR ALL CLAIMS REGARDING SUCH GOODS AND SERVICES.

7. The Services
While we hope the Counselor, Coaching or Quantum Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE SERVICE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

THE SERVICE IS NOT INTENDED FOR THE PROVISION OF MEDICAL OR CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE SERVICE.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE SERVICE.

 

8. Digital Products

We do not accept returns or offer refunds for our online courses, sessions and downloadable products.

9. Payment options

We accept Electronic Transfer for customer living in RSA and PayPal payment for all other countries.

10. Live Sessions and Events Terms and Conditions

10.1 Confidentiality and Non-Compete

The Client and Attendee hereby understands that the tools, processes, strategies, materials and information presented in the Sessions/Seminar/Webinar are confidential, copyrighted, and proprietary to The Coach and the Client and Attendee agrees not to record, duplicate, distribute, teach or train from the Session/Seminar/ Webinar materials in any manner whatsoever without the express written permission of The Coach. Any unauthorized use or distribution of these proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and The Coach will pursue legal action and full damages if these terms are violated, in order to protect its rights.

10.2 Audio/Visual Rules and Release

Clients or Attendees to any The Coach Counselling, Deliverance or Quantum Sessions, Events, Training, Seminars or Webinars (the “Session) may not, under any circumstance, use any type of recording device to capture the information provided. No recording devices, photography or videography equipment are allowed during any such Session. By participating in the Session, the Attendee and Client understands that portions of the Session may be recorded in video and audio and/or captured in still and/or digital photographs by The Coach. The Client and the Attendee agrees that The Coach and its assigns have the right and permission to use such recordings and photographs should they include Attendee’s name, likeness, voice, biographical details, testimonial, or photograph, for marketing, advertising, or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Client or the Attendee. The Client or the Attendee understands and agrees that all recordings from The Coach’s events are the exclusive rights and ownership of The Coach and the Client or the Attendee does not ask for or expect compensation for the use of recordings or photographs in which the Client or Attendee appears or speaks.

 

11. Consultant and Counsellor Disclaimer
Muscle Testing, Quantum Sessions, Counselling and Deliverance is not a substitute for medical care. This information is not intended as medical advice and should not be used for medical diagnosis or treatment. Information given to you on this site or in any session obtained on this site is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare provider. 

We make no claims as to healing or recovery from any illness. This information is offered as a service and is not meant to replace any medical treatment. No guarantee is made towards validity. Use this information at your own risk. By viewing or using this web site, you consent in the event of a dispute or disagreement, to the exclusive jurisdiction of the state and federal courts sitting in the Republic of South Africa, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

12. Testimonials
Disclaimer: While The Coach can’t guarantee any specific results, and published testimonials do not constitute a warranty or prediction regarding the outcome of a Quantum Session, Counselling or Deliverance Session or the Quantum Academy courses.  The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire, motivation, and other factors.