Coaching Terms and Conditions

1. 1.1
   These coaching services are provided by Tanzeer Bhuiyan, ABN 65 354 605 751 (we, our or us), through tanzeer.com and any other addresses, channels or apps we use (collectively the Site).
2. 1.2
   By purchasing a coaching package, ticking the terms checkbox at checkout, or using our coaching services, you:

   • warrant that you have reviewed these Terms and Conditions, including our Privacy Policy (Terms);
   • warrant that you have the legal capacity to enter into a legally binding agreement with us (or, if you are under 18, that a parent or guardian has agreed to these Terms on your behalf); and
   • agree to use our services in accordance with these Terms and all applicable laws.
3. 1.3
   Please read these Terms carefully and do not purchase a coaching package if you do not agree to them.
4. 1.4
   You must ensure that any personal information you give us is accurate and up to date. If you are purchasing on behalf of someone else, you warrant that you have their consent to disclose their personal information to us.

1. 2.1
   We offer private one-on-one coaching packages. The sessions, inclusions and price of each package are as described to you at the time of purchase, and may change from time to time. Changes will not affect a package you have already purchased.
2. 2.2
   Consultations are held online and run for 60 minutes unless agreed otherwise.
3. 2.3
   Purchasing a package constitutes an offer by you to purchase that package at the price shown at checkout. Each purchase results in a separate binding agreement between you and us in accordance with these Terms.
4. 2.4
   It is your responsibility to check what you are purchasing, including the package and price, before you pay. You warrant that you have considered the package details and determined that it is appropriate for you.
5. 2.5
   When your payment is validated, you will receive a confirmation email and receipt. We will then contact you to book your first session.
6. 2.6
   Packages must be used within the period communicated to you at the time of purchase. Unused sessions expire at the end of this period unless we agree to an extension in writing.
7. 2.7
   To reschedule a session, you must give at least 24 hours' notice. Sessions cancelled with less notice, or missed without notice, count as used. If you are more than 15 minutes late, the session may be shortened or treated as missed.
8. 2.8
   If we need to reschedule a session, we will give as much notice as possible and the session will not count as used.
9. 2.9
   If a package is listed at an incorrect price or with other incorrect information due to an error, we may refuse or cancel that purchase and refund any amount paid.

1. 3.1
   Subject to applicable law and these Terms, we do not provide refunds for change of mind or other circumstances, other than in accordance with this clause.
2. 3.2
   You may receive a full refund within 7 days of purchase only if your first session (including any initial or bonus session) has not yet taken place.
3. 3.3
   Once your first session has taken place, refunds are not provided for used sessions, unused sessions or the remainder of the package, including any remaining instalments, except in extenuating circumstances, in which case a full or partial refund, pause or transfer may be provided on request and at our discretion.
4. 3.4
   We take no responsibility for your internet connection or devices, and will not provide a refund for sessions affected by them.
5. 3.5
   If you have any concerns about your coaching, please contact us using the details below and we will try to resolve the matter.

1. 4.1
   You must pay the price of your package (Fees) in accordance with this clause. All amounts are stated in United States dollars.
2. 4.2
   We are not currently registered for GST, so no GST is included in or added to our Fees.
3. 4.3
   You must pay the Fees upfront at checkout using our third-party payment processor (Stripe), unless you choose an instalment plan where offered.
4. 4.4
   Instalment plans: if you choose to pay in instalments, you are committing to pay the full package price. The first instalment is charged at checkout and the remaining instalments are charged automatically to the same payment method on each scheduled payment date. Cancelling your coaching does not cancel the remaining instalments, except as set out in clause 3.
5. 4.5
   If we cannot charge your payment method for any reason (such as expiry or insufficient funds), your sessions and messaging access may be paused. You remain responsible for any unpaid amounts, we may attempt to charge your payment method again, and you are responsible for keeping your payment details up to date. If a payment remains unpaid for 14 days, we may end your package and the outstanding amount remains payable.
6. 4.6
   If you experience financial hardship, please contact us before purchasing and we may be able to discuss alternative arrangements.
7. 4.7
   You must not pay, or attempt to pay, any Fees by fraudulent or unlawful means.
8. 4.8
   Fees may change at any time, but changes will not affect a package you have already purchased.

1. 5.1
   Email and WhatsApp messaging access, where included in your package, are provided for questions and support related to your coaching between sessions.
2. 5.2
   We aim to respond within 2 business days (Australian Western Standard Time). Messaging is not an emergency or on-call service.
3. 5.3
   Please keep messages relevant to your coaching. We may limit messaging access if it is used inappropriately or excessively.
4. 5.4
   Messaging access ends when your package ends or expires.

1. 6.1
   Sessions may be recorded so you can review them. Recordings are for your personal use only.
2. 6.2
   You must not share, publish or distribute recordings, in whole or in part, to any third party.
3. 6.3
   We keep recordings for 12 months after your package ends, after which they may be deleted.
4. 6.4
   We will not use your recordings, image or personal details in any promotional or marketing material without your prior written consent.

You must not, and must not permit any other person to:

• resell, transfer, distribute or give others access to your coaching sessions, recordings or materials;
• copy, alter, reproduce or create derivative works from any coaching materials, frameworks or recordings;
• record sessions yourself without our prior consent;
• use our services in breach of any applicable laws or in a way that infringes any person's rights, including intellectual property rights;
• use our services or messaging channels to send material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
• use our services in a way that might cause damage or loss to us or affect our brand or reputation; or
• allow or assist anyone else to do any of the above.

You agree to indemnify us in respect of any liability, loss or damages (including legal costs on a full indemnity basis) arising from your breach of these Terms or any other wrongful conduct on your part in relation to them.

1. 8.1
   Despite anything to the contrary, to the maximum extent permitted by law:

   • our maximum aggregate liability arising from or in connection with these Terms or our services is limited to, and must not exceed, the Fees paid by you to us for the package that is the subject of the relevant claim; and
   • we will not be liable to you for any loss of profit, loss of benefit, loss of opportunity, loss of reputation, or any indirect or consequential loss, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
2. 8.2
   To the maximum extent permitted by law, we will have no liability arising from any failure or delay in providing our services, or any technical problem with internet connections, video call platforms or devices, where caused by an event beyond our reasonable control or by your acts or omissions.
3. 8.3
   Our coaching is an educational service. It is not medical, psychological, legal or financial advice, and is not a substitute for therapy or other professional services. To the maximum extent permitted by law, we have no liability arising from your acts or omissions based on the guidance provided in your coaching.
4. 8.4
   Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), may give you rights, guarantees and remedies relating to our services that cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights. Any other warranties or conditions not guaranteed by the ACL are expressly excluded where permitted, except to the extent they are fully expressed in these Terms.

1. 9.1
   All intellectual property (including copyright) developed, adapted or created by us, including frameworks, Miro boards, guides, recordings and other materials provided as part of your coaching, will at all times vest, or remain vested, in us.
2. 9.2
   We give you a limited, revocable, non-transferable licence to use these materials for your personal learning only. Nothing in these Terms transfers any of our intellectual property to you.
3. 9.3
   You must not, without our prior written consent, copy, reproduce, distribute, sell, publish or circulate any of our intellectual property to any third party, or create derivative works from it.
4. 9.4
   Your own notes, work and study content remain yours.
5. 9.5
   This clause survives the end of your coaching package.

1. 10.1
   We may suspend or end your coaching package if you breach these Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you.
2. 10.2
   If we become aware that you are in breach of our intellectual property rights, we may immediately suspend your coaching and notify you. We may reverse the suspension after discussing the matter with you, at our sole discretion.
3. 10.3
   We may end a package immediately if you are abusive towards us or harass us.
4. 10.4
   If we end your package for reasons other than your breach of these Terms, we will refund the Fees for any unused sessions.

1. 11.1
   We collect personal information about you to provide your coaching, communicate with you, process payments and respond to your enquiries.
2. 11.2
   We may disclose that information to third-party service providers who help us deliver our services (including payment processors, video call, booking, messaging and data storage providers) or as required by law. Some of these providers may store data outside Australia.
3. 11.3
   We handle your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, and we do not sell your personal information.
4. 11.4
   By providing personal information to us, you consent to us collecting, holding, using and disclosing it in accordance with this clause.

1. 12.1
   Disputes: Neither party may commence court proceedings relating to any dispute arising from these Terms without first meeting with the other party to seek, in good faith, to resolve the dispute (unless seeking urgent interlocutory relief).
2. 12.2
   No commercial use: Our coaching and materials are for your personal, non-commercial use only.
3. 12.3
   Notices: Any notice under these Terms must be in writing and may be sent by email to the addresses below or the details you provided at purchase, and is deemed received at the time of transmission.
4. 12.4
   Waiver: Any failure or delay by a party in exercising a right under these Terms does not operate as a waiver. A waiver must be in writing.
5. 12.5
   Relationship of parties: These Terms do not create a partnership, joint venture or agency relationship between the parties.
6. 12.6
   Severance: If a provision of these Terms is void, invalid or unenforceable, it is to be read down as narrowly as necessary to be valid, failing which it will be severed without affecting the rest of these Terms.
7. 12.7
   Assignment: You must not assign any rights or obligations under these Terms, including transferring your package to another person, without our prior written consent.
8. 12.8
   Amendment: We may vary these Terms at any time by publishing updated terms on the Site. For any package already purchased, the terms in effect when you purchased it apply.
9. 12.9
   Governing law: Subject to applicable laws, these Terms are governed by the laws of Western Australia, Australia. If you use our services from outside Australia, you are responsible for complying with the laws of the place you are located.

You agree, acknowledge and understand that:

• your results depend on your own effort, attendance and application of the techniques covered in your coaching, and by not following the guidance provided you are less likely to achieve success;
• the coaching structure and recommendations are based on extensive experience with learners, and any decision to deviate from them is your own; and
• to the maximum extent permitted by law, we are not responsible for any loss, cost, stress or other consequence resulting from ineffective use of our techniques by you, or from you continuing against our recommendations.