These Terms and Conditions (“Terms”) govern the use of the services provided by Essential Money Coaching (“the Company”) to our clients (“you”). By engaging our services, you acknowledge that you have read, understood and agree to be bound by these regulations and to comply with all applicable laws and regulations. If you do not agree to these Terms, you must not use our services. We reserve the right to change the terms and conditions under which the website and services are provided. Any such change in terms and conditions will be effective once included in the text of these terms and conditions and published on the website.
1. Nature of Services
1.1. The Company provides budgeting support, expense tracking, and general money management tools and services.
1.2. The Company does NOT provide financial advice, investment advice, credit advice, or any services that require an Australian Financial Services Licence (AFSL) or Australian Credit Licence (ACL). The Company is not qualified to give legal or financial advice and any information provided to you is of a general nature. Essential Money Coaching recommends you obtain your own legal and financial advice regarding the suitability of the loan to your needs or purposes. In entering into an agreement, you expressly agree and represent to Essential Money Coaching that you have relied upon your own independent inquiries and advice in relation to the financial and legal implications of entering into this agreement.
1.3. You will release Essential Money Coaching, indemnify us and hold us harmless from all and any loss, damage, cost or injury suffered by you, and with respect to any claim, proceeding, or action which does or might arise out or in relation to an agreement or the services provided to you by us.
1.4. The terms of the financial agreement you are seeking are indicative only and may be subject to change. Please refer to the loan contract given to you by the lender for the full terms and conditions of the loan.
1.5. You are able to make the quoted repayments over the quoted term without undue hardship.
1.6. All information and materials provided are for general informational purposes only and should not be construed as financial, legal, or tax advice. Any advice given is only an opinion based on our knowledge of your particular circumstances.
1.7. The information you have provided to the Company is true and correct and we will rely upon such information when working on your behalf.
2. Client Responsibilities
2.1. You are responsible for providing accurate and complete information necessary for the provision of our services.
2.2. You acknowledge that any decisions made regarding your finances are your sole responsibility.
2.3. You agree not to rely on any information or materials provided by the Company as a substitute for professional financial advice.
3. Acceptable Use
You must not:
3.1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
3.2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
3.3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
3.4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
3.5. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
3.6. violate the directives set out in the robots.txt file for our website; or
3.7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
3.8. You must not use data collected from our website to contact individuals, companies or other persons or entities.
4. Fees and Payment Details
4.1. Fees for our services are provided to you prior to commencement of services.
4.2. The Company will provide a valid tax invoice to the Customer for the Fees.
4.3. Any quotes provided to the Customer will be valid for a 30 day period.
4.4. The Customer shall pay the Fees payable monthly in advance. Other Fees are payable within seven (7) days of invoice. Any fees paid by direct deposit/direct credit (Direct Debit) will be credited to the Customer’s Account.
4.5. The Company reserves the right to increase the Fees periodically, on giving at least thirty (30) days’ written notice to the Customer.
4.6. During the Term, the Customer must pay the Fees without deduction, notwithstanding any claim whatsoever that the Customer has or may wish to make against the Company.
4.7. The Company may correct errors in invoices after issue and the Customer is liable to pay any adjusted amount within thirty (30) days after notification of that adjustment. 4.8. Failure to pay may result in suspension or termination of services. •
4.8.1. The Customer shall pay:
•4.8.1.1. fees on the overdue amounts at the rate of $10.00 per week the Invoice is overdue; and
• 4.8.1.2. Any payment of government taxes, charges or duties (including any Goods and Services Taxes) payable in respect of this Agreement.
5. Limitation of Liability
5.1. To the extent permitted by law, the Company excludes all liability for any loss or damage (including indirect or consequential loss) arising out of or in connection with the use of our services.
5.2. The Company does not guarantee any particular outcome or result from the use of our services.
6. Privacy and Confidentiality
6.1. The Company will collect, use, and store your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
6.2. All information provided by you will be treated as confidential, except as required by law.
7. Intellectual Property
7.1. All materials, tools, and content provided by the Company remain the intellectual property of the Company and may not be reproduced or distributed without our written consent.
8. Termination
8.1. Unless a party gives the other thirty (30) days’ written notice that it does not wish the Agreement to continue after the expiration of the Term, this Agreement shall be automatically renewed after the Term, and each subsequent Term, on the same terms for a period of six (6) months.
8.2. Either party has the right to terminate the agreement with thirty (30) days notice. 8.3. If a client is on a six (6) month session the supplier has the right to terminate after one (1) month of non-payment.
8.4. Upon termination, you must pay any outstanding fees for services rendered up to the date of termination:
• 8.4.1. The Term shall expire:
• 8.4.1.1. if either party gives to the other thirty (30) days’ written notice of termination, at the end of that notice period; or
• 8.4.1.2. forthwith in the event of the other party going into liquidation, other than for the purpose of a solvent reconstruction, amalgamation, or reorganisation; or
• 8.4.1.3. forthwith in the event of the other party becoming insolvent or being unable to pay its debts as and when they become due.
• 8.4.1.4. Expiry of the Term shall be without prejudice to any rights or obligations or causes of action which have accrued or arisen in favour of any party to this Agreement before the date of expiry.
• 8.4.1.5. On or before expiry of the Term, the Customer must pay all outstanding Fees and remove all of the Goods from the Storage Facility. Failure to do so will render the Customer liable for continuing Fees.
• 8.4.1.6. Pay any expenses on default, outstanding Fees and any other amounts payable by the Customer pursuant to the provisions of this Agreement. The Company undertakes to calculate such amounts and notify the Customer in writing as soon as practicable.
• 8.4.1.7. Liability for outstanding moneys, property damage, personal injury, environment damage and legal responsibility under this Agreement survive termination of this Agreement.
9. Dispute Resolution
9.1. When a dispute first arises the first course of action will be a negotiation which is an initial attempt to resolve any disputes through direct negotiation between the parties.
9.2. If negotiation fails, the parties can engage a neutral third party to facilitate a resolution. Mediation is generally quicker and less formal than other methods.
9.3. Arbitration is a more formal process where a neutral arbitrator makes a binding decision. Arbitration can be faster and more private than court proceedings, but it is also typically more expensive than mediation.
9.4. If all other methods fail, the dispute can be resolved through the courts. Litigation is the most formal and often the most time-consuming and costly method. Litigation must be seen as the final option.
10. Governing Law
10.1. These Terms are governed by the laws of South Australia. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Australia.
11. Amendments
11.1. The Company reserves the right to amend these Terms at any time. Updated Terms will be provided to you and will take effect from the date of notification.
12. Contact Details For any questions regarding these Terms, please contact: Essential Money Coaching 15 Beulah Road Norwood, SA 5067
Contact Phone: 0447 057 502
Email Address: info@essentialmoney.com.au
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.