Terms & Conditions
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE (TOS), PRIVACY POLICY AND DISCLAIMER. BY ACCESSING OUR SITE OR USING OUR SERVICES AND PRODUCTS (herein referred to as “Client”), YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THESE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE OUR SITE &/OR PURCHASE OUR PRODUCTS AND SERVICES.
Terms of Service
The following Terms of Service Agreement (TOS) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with our business, Off The Beaten Path, located on the Mid North Coast, NSW Australia, and our subsidiaries and affiliates, in association with the use of Creating Pathways Coaching Services and Products and its website, which is accessed through creatingpathwayscoaching.com (the “site”) and its services, which shall be defined below.
Creating Pathways Coaching is a relationship and life coaching business, which includes Products and Services, and is for individuals who are experiencing mild symptoms due to transitional stressors. This type of online coaching is not appropriate for individuals suffering from chronic or severe issues, trauma, high level of mental health issues, and/or conditions that require psychiatric/medical intervention. By becoming a Client, you are agreeing that you do not suffer the above mentioned. Your continued use of the Products and Services provided by is your agreement that you do not suffer the above mentioned and are aware of all terms and policies (TOS) currently in effect by Creating Pathways Coaching. Should you not agree to these, then you must not use or purchase the provided Services and Products.
The use of Creating Pathways Coaching website and its services is subject to the following terms of use:
- Any and all visitors to the site are defined as Clients of the herein contained services provided for the purpose of this TOS. Once an individual gives out their email or completes registration for our Services and Products, the user shall then be considered a Client or “member.”
- To give out your email, or become a “member” of the site, you must be 18 years of age.
- The content of this website is for your general information and use only. It is subject to change without notice.
- Neither ourselves, nor any third parties, provide any warranty or guarantee as to the accuracy, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that the information and materials may contain inaccuracies or errors and we exclude liability for any such inaccuracies or errors to the upmost extent permitted by law.
- Your use of any information or materials on this site is entirely at your own risk. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements
- Creating Pathways Coaching does not guarantee or warrant the performance of using any information or service or product contained in this site. When you use this information, service or product, you understand that it can be outdated by the time you use it. You also understand that in order to see results, it will require work and effort on the part of the user.
- Creating Pathways Coaching Services and Products contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks displayed on this website which are not the property of, or licensed to, the business, are acknowledged.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
- From time to time creatingpathwayscoaching.com may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse these website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Creating Pathways Coaching’s prior written consent.
GLOBAL USE AND COMPLIANCE
Due to the global nature of the internet, by the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of Australia and other countries. By the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations.
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Off the Beaten Path, under the name Creating Pathways Coaching and shall govern the use of our Services and Products. You may also be subject to additional terms and conditions that may apply when you use or purchase other Creating Pathways Coaching services, affiliate services, third-party content or third-party software.
INDEMNITY
All users, Clients or members herein agree to insure and hold Off the Beaten Path, under the name Creating Pathways Coaching, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our services, the use of creatingpathwayscoaching.com services or your connection with these services, your violations of the TOS and/or your violation of any such rights of another person.
The Client shall defend, indemnify, and hold harmless Off the Beaten Path, under the name Creating Pathways Coaching (herein referred to as “Business”), the Business’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Services and Product(s), excluding, however, any such expenses and liabilities which may result from a breach of this TOS or sole negligence or wilful misconduct by Business, or any of its shareholders, trustees, affiliates or successors. Client shall defend the Business in any legal actions, regulatory actions, or the like arising from or related to this TOS. Client recognizes and agrees that all the Business’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Business. In consideration of and as part of my payment for the right to participate in Business’s Services and Products, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Business and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Services and Products are being held (if applicable) and any of its owners, executives, agents, or staff of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in an equity arising from my participation in the Services and Products.
CLIENT RESPONSIBILITY
The Services and Products of the Business were developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Business. Business makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of the Services and Products, the results experienced by each client may significantly vary. Client acknowledges that there is no guarantee that Client will reach their goals as a result of participation in the Service or Product. The education and information are intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The Business assumes no responsibility for errors or omissions that may appear in any program materials.
SEVERABILITY/WAIVER
If any provision of this TOS is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
REFUND POLICY
7-Day Money Back Guarantee
We want you to be satisfied with your purchase. We offer a 7-day refund period for purchases.
In the event that you decide your purchase was not the right decision, within 7 days of enrolment, contact our support team at rachel@creatingpathwayscoaching.com and let us know you’d like a refund by the 7th day at 11:59 EST.
Notes about our refund policy:
Within the first 7 days from original date of purchase, you can request a refund.
No refunds will be given after 7 days from the original date of purchase. After day 7, all payments are non-refundable, and you are responsible for full payment of any fees for the Service or Product regardless if you use the information or not.
All refunds are discretionary as determined by the Business. If you download all the materials, take advantage of the special deals/discounts, and then ask for a refund, we reserve the right to deny your request. Why? Our refund policy was built to give people the opportunity to see if the Service or Product is a good fit for them.
To further clarify, we will not provide refunds after the 7th day from your date of purchase and all payments must be made on a timely basis.
If you have any questions or problems, please let us know by contacting our support team directly. Support can be reached at rachel@creatingpathwayscoaching.
TERMINATION
The Business is committed to providing all clients of Creating Pathways Coaching with a positive experience. By purchasing these Services or Products, Client agrees that the Business may, at its sole discretion, terminate, and limit, suspend, or terminate Client’s participation in a Course or Service without refund or forgiveness of monthly payments if Client becomes disruptive to Business or participants, Client fails to follow the Service or Products guidelines, is difficult to work with, impairs the participation of the other participants or upon violation of the terms as determined by the Business. Client will still be liable to pay the total contract amount.
Effective as of 3rd August, 2020.
Privacy Policy
Protecting your private information is our priority. This Statement of Privacy applies to creatingpathwayscoaching.com and Off the Beaten Path, under the name Creating Pathways Coaching (herein referred to as Creating Pathways Coaching) and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Creating Pathways Coaching include creatingpathwayscoaching.com. The Creating Pathways Coaching website is an online training, webinars, coaching and related products site. By using the Creating Pathways Coaching website, you consent to the data practices described in this statement.
COLLECTION OF YOUR PERSONAL INFORMATION
In order to better provide you with products and services offered on our Site, Creating Pathways Coaching may collect personally identifiable information, such as your First and Last Name and Email Address.
If you purchase Creating Pathways Coaching’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Creating Pathways Coaching social media, this information may be collected and used by others.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) signing up for special offers from selected third parties; (c) sending us an email; (d) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. We will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
All your contact information, emails and coach’s files are compiled into a file under your name and are secured in an appropriate manner based on the guidelines of recordkeeping and confidentiality. These files are kept for 7 years under the confidentially and record keeping laws of Australia. Please note that your information will be stored and processed on our computers in Australia. The laws on holding personal data in this country may be less stringent than the laws of your country of residence or citizenship. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place the appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online from you.
USE OF YOUR PERONAL INFORMATION
Creating Pathways Coaching collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Creating Pathways Coaching may also use your personally identifiable information to inform you of other products or services available from Creating Pathways Coaching and its affiliates.
SHARING INFORMATION WITH THIRD PARTIES
Creating Pathways Coaching does not sell, rent or lease its customer lists to third parties.
Creating Pathways Coaching may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries through email. All such third parties are prohibited from using your personal information except to provide these services to Creating Pathways Coaching, and they are required to maintain the confidentiality of your information.
Creating Pathways Coaching may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Creating Pathways Coaching or the Site; (b) protect and defend the rights or property of Creating Pathways Coaching; and/or (c) act under exigent circumstances to protect the personal safety of users of Creating Pathways Coaching, or the public.
TRACKING USER BEHAVIOUR
Creating Pathways Coaching may keep track of the websites and pages our users visit within Creating Pathways Coaching, in order to determine what Creating Pathways Coaching services are the most popular. This data is used to deliver customized content and advertising within Creating Pathways Coaching to customers whose behaviour indicates that they are interested in a particular subject area.
AUTOMATICALLY COLLECTED INFORMATION
Information about your computer hardware and software may be automatically collected by Creating Pathways Coaching. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Creating Pathways Coaching website.
USE OF COOKIES
The Creating Pathways Coaching website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Creating Pathways Coaching pages, or register with Creating Pathways Coaching site or services, a cookie helps Creating Pathways Coaching to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Creating Pathways Coaching website, the information you previously provided can be retrieved, so you can easily use the Creating Pathways Coaching features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Creating Pathways Coaching services or websites you visit.
LINKS
This website does contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
SECURITY OF YOUR PERSONAL INFORMATION
Creating Pathways Coaching secures your personal information from unauthorized access, use, or disclosure on its Site. Creating Pathways Coaching uses SSL Protocol for this purpose.
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
CHILDREN & YOUNG PEOPLE UNDER THE AGE OF 18 YEARS
Creating Pathways Coaching does not knowingly collect personally identifiable information from children and young people under the age of eighteen.
E-MAIL & SOCIAL MEDIA COMMUNICATIONS
From time to time, Creating Pathways Coaching may contact you via email or social media for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our services, we may receive a notification when you open an email from Creating Pathways Coaching or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Creating Pathways Coaching, you may opt out of such communications by clicking on the UNSUBSCRIBE button.
CHANGES TO THIS STATEMENT
Creating Pathways Coaching reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
CONTACT US
Creating Pathways Coaching welcomes your questions or comments regarding this Statement of Privacy. Please contact Creating Pathways Coaching at:
rachel@creatingpathwayscoaching.com
Effective as of 3rd August, 2020.
Disclaimer
Rachel Wood (herein referred to as “Consultant”) and Off The Beaten Path (Creating Pathways Coaching), is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist, or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy. Client understands that a relationship does not exist between the parties after the conclusion of this Service or Product.
As with any business, your results may vary, and will be based on your individual capacity, expertise, and level of desire and action. There are no guarantees concerning the level of success you may experience. The testimonials supplied are not intended to represent or guarantee that anyone will achieve the same or similar results. Each person’s success depends on his or her background, dedication, desire and motivation. We cannot guarantee your future results and/or success. We are not responsible for your actions.
The use of our information, products and services should be based on your own due diligence and you agree that Off the Beaten Path, under the name and website creatingpathwayscoaching.com, and the advertisers / sponsors of this website are not liable for any success or failure that is directly or indirectly related to the purchase and use of our products and services on this website.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF CREATING PATHWAYS COACHING SERVICES AND PRODUCTS ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. CREATING PATHWAYS COACHING AND OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) CREATING PATHWAYS COACHING AND OUR SUBSIDIARIES, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) CREATING PATHWAYS COACHING SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) CREATING PATHWAYS COACHING SERVICES OR SOFTWARE/PRODUCTS SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE CREATING PATHWAYS COACHING SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF CREATING PATHWAYS COACHING SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM CREATING PATHWAYS COACHING OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CREATING PATHWAYS COACHING AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE/PRODUCTS;
b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
VIOLATIONS
Please report any and all violations of this TOS to Creating Pathways Coaching as follows:
email: rachel@creatingpathwayscoaching.com
Effective as of 3rd August, 2020.