Terms & Conditions

Acceptance

Please read these Terms and Conditions thoroughly before accessing or using the information and Services available through the Website. The Services are offered to You conditional upon Your acceptance of these Terms and Conditions. 
If you access this Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws in the place where You are located.

Amendments

We may amend these Terms and Conditions by providing You with reasonable notice. 

Term of Services 

We agree to provide the Services to You in accordance with these Terms and Conditions.  

From the commencement of the Initial Term, You will receive: 

(a) An initial call with the IKARO Consulting team to discuss Your goals;

(b) Access to the IKARO Consulting coaching calls;

(d) Access to book in and attend coaching sessions. The frequency, date and time of these sessions are to be agreed by You and Us. These sessions are approximately 60 minutes in length.

Intellectual Property

Intellectual Property of Services

We have and retain ownership (including all Intellectual Property Rights) of all information contained on the Website, in the Services and other documents prepared and provided to You.

This includes but is not limited to all presentations, outlines, coaching programs, coaching exercises, instructions and information contained in emails and video calls. If You want to copy, adapt, distribute, re-use, store or display any information We give to You, You can only do so with Our written permission.

Intellectual Property of Third-Party Material

We make no warranties or representations that third-party material on this Website does not infringe the Intellectual Property Rights of any person anywhere in the world. We are not, and must not be taken to be, authorising infringement of any Intellectual Property Rights contained in material published on the Website.

Information

The information provided on this Website by Us and third-party suppliers is intended to assist You. You acknowledge and agree that the information published is only intended to provide general information in summary form.  
Neither IKARO Consulting nor third-party suppliers can guarantee the suitability of the Services, or provide legal advice, financial advice, counselling or therapy. We strongly recommend that You seek this advice independently from a suitably qualified professional.  
It is Your sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, Services, and other information provided through the Website.

Use of Services

Our Services are impacted by the time You dedicate to Our Services. You understand that results are not guaranteed and are directly impacted by Your ability to integrate and apply the techniques into your life.  

You may use Our Services and other documents in relation to the work for which they were prepared. We do not take responsibility for the re-use or reproduction of Our Services, documents or techniques. 

Confidential Information

We will keep confidential all confidential information received from You during the supply of the Services.

Fees & Payments

You agree to pay Us all Fees. 
The Fees payable by You are the Fees displayed on the Website immediately prior to agreeing to these Terms and Conditions and purchasing the Services.  
You understand and agree that We may change the Fees by providing you with 14 days written notice. 

Method of Payment
The sums payable under these Terms and Conditions are to be paid by a credit or debit card unless otherwise agreed in writing by Us.

Frequency of Payment

You may pay any sums payable under these Terms and Conditions by selecting one of the following options at checkout on the Website or as per the agreed scope of work for Businesses:
(a) The total sum payment of all Fees for the Initial Term;
(b) Several payments of all Fees specified at checkout or based on the agreed scope of work for Businesses.

Direct debit payments are handled by Stripe and PayPal. Please review and familiarise Yourself with their terms and conditions.
All IKARO Consulting invoices sent to Businesses for delivery of services have to be processed and paid within 14 days to the nominated bank account on the invoice.
Where one payment has been made by You through the Website (not through Stripe or PayPal), You authorise and allow IKARO Consulting to retain Your payment details and to take payment of any future payments under these Terms and Conditions.

Payment Default

If You default in payment by the due date of any amount payable to Us under these Terms and Conditions, We may, without prejudice to any other accrued or contingent rights:
(a) Cease or suspend supply of any Services to You;
(b) Suspend Your access to the Materials;
(c) Charge You interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4% from the period from the due date until the date of payment in full;
(d) Charge You for, and You must indemnify Us from, all costs and expenses (including without limitation all legal costs and expenses on a full indemnity basis) incurred by Us resulting from the default or in taking action to enforce compliance with these Terms and Conditions;
(e) Be liable or charged for any interest or fees by any third-party payment providers (such as Stripe or PayPal).

Refund

You agree and understand that the Fees are non-refundable. You are obliged to pay for the Services that We agree to provide You with regardless of whether You terminate, utilise or fully utilise those Services.  

Cancellations

Cancellation of Services

You may cancel the Services after the Initial Term by providing Us with 30 days written notice to audrey@ikaroconsulting.com. You must pay all fees for the initial term period.

We may cancel the Services at any time by providing You with 7 days written notice. However, notice will not be required where we terminate Our services because of any payment due by You to Us is not paid by the due date or any other breach of these Terms and Conditions.

If Our Services are terminated for any reason outside of the Initial Term, You must pay Our Fees and other charges up until the end of the notice period.

You understand and agree that the charges in this clause are reasonable to protect Our legitimate business interests.

Hold of Services

After the initial term, you may place the Services on hold for a total aggregate of 3 months each calendar year by providing Us with 30 days' written notice to audrey@ikaroconsulting.com (Hold Period). 

After the Hold Period or the total aggregate of 3 months is used, the Services will automatically resume.

Member Account

To become a registered user and use the Services on the Platform, You agree to provide Your name, contact telephone number, email address and postal address.  
You are entirely responsible for maintaining the confidentiality of Your password and username. You must not provide or share Your password or username with any third party. You may change Your password at any time by following the instructions detailed on the Website. You may also change Your login through the Website.  
You may delete Your registration by contacting Us directly. 
You agree that We are authorised to retain Your login details. 
Unless We obtain Your prior consent, We, will not provide Your details to any third party except as identified in these Terms and Conditions or Terms of Use.

Use of Details

We will use Your email address to provide You with information relating to the Website and Services. The timing, frequency and content of this information can be altered by You in Your account settings and with the discretion of Us.

Email and Other Electronic Communications

We will use email and other forms of digital or electronic communication with You and third parties unless You instruct Us to the contrary and We agree to another method of communication with You.

Email and other digital or electronic communication may be interfered with, contain computer viruses or other defects, or may not be successfully replicated to other systems. To the extent permitted by law, We will not be liable for any copying, recording, reading or interference by others during, or after a transmission, for any delay or non-delivery, or for any damage caused in connection with the transmission. Please contact Us immediately if You have any doubts about the authenticity of any communications or material which appears to have been received by Us.

GST

Words used in this clause that are not defined in these Terms and Conditions have the same meaning as in the GST Law. Where a party to these Terms and Conditions (Supplier) makes a taxable supply under or in connection with these Terms and Conditions or in connection with any matter or thing occurring under these Terms and Conditions to another party to these Terms and Conditions (Recipient), and the consideration otherwise payable for the taxable supply is not stated as GST inclusive, the supplier will be entitled, in addition to any other consideration recoverable in respect of the taxable supply, to recover from the Recipient the amount of any GST payable on the taxable supply. The Supplier must issue a tax invoice (or an adjustment note) for any supply for which the Supplier may recover GST from the Recipient, and must include in the tax invoice (or adjustment note) the particulars required by the GST Law for the Recipient to obtain an input tax credit for that GST. If the amount paid by the Recipient to the supplier in respect of GST differs from the GST on the taxable supply (taking into account any adjustment events that occur in relation to the taxable supply), an adjustment shall be made. If the amount paid by the Recipient exceeds the GST on the taxable supply, the Supplier shall refund the excess to the Recipient. If the amount paid by the Recipient is less than the GST on the taxable supply, the Recipient shall pay the deficiency to the Supplier.

Where a party to these Terms and Conditions is entitled, under or in connection with these Terms and Conditions or in connection with any matter or thing occurring under these Terms and Conditions to recover all or a proportion of its costs or is entitled to be compensated for all or a proportion of its costs, the amount of the recovery or compensation shall be reduced by the amount of (or the same proportion of the amount of) any input tax credits available in respect of those costs.

Your Obligations

You warrant and agree that:

(a) You have the legal capacity and power to agree to be bound by these Terms and Conditions;

(b) These Terms and Conditions are legally binding and You have had the opportunity to obtain legal advice prior to agreeing to them;

(d)You will not use the Website for any illegal purpose;

(e) You will be prompt in implementing Our recommendations;

(f) You will action all of the commitments, ideas and tools You agree to during Your coaching session or in any other means of communication;

(g) You will act respectfully towards Us. This includes but is not limited to listening to each other or engaging in behaviour which is degrading, bullying or harassing;

(h) You will dedicate sufficient time to the Services.

(i) We may record sessions or take images of our clients for the purpose of future training and/or marketing in all media. You give permission to us to use your image for any such media release or training-related purpose.

You may not assign or transfer any rights and obligations under these Terms and Conditions without Our written approval.

Breach

If You breach these Terms and Conditions, breach applicable laws, regulations, or third-party rights or We believe it is reasonably necessary to protect IKARO Consulting and its members, We may, without prior notice:

(a) suspend or limit Your access to or use of the Website;

(b) suspend or limit the Services;

Nothing in this clause acts to limit the Terms of Use.

Limitation of Liability

You understand and agree that We:

(a) Make no warranties or representations about the Website, the Services or any of the content;

(b) Accept no responsibility for any loss suffered by You or anyone else in connection with the use of this Website, the Services or any of the content.

You (the “Indemnifying Party”) release and indemnify and will continue to release and indemnify Us (the “Indemnified Party”), its officers, employees, subcontractors and agents from and against all direct actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether in relation to these Terms and Conditions, Website or Services, whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal property, and whether direct or consequential, including consequential financial loss) and any howsoever arising as a direct result of the negligence, willful misconduct or recklessness of the Indemnifying Party and from and against all direct damages, costs and expenses incurred by the Indemnified Party (on a full indemnity basis) in defending or settling any such claim, proceeding or demand.  

The Indemnifying Party indemnifies and will continue to indemnify the Indemnified Party for all costs and expenses on a full indemnity basis, relating to the Indemnifying Party’s breach of these Terms and Conditions or the enforcement of these Terms and Conditions. 

The indemnity under this clause survives the termination of these Terms and Conditions.

Other terms

Warranty

We will use reasonable endeavours to ensure the Services are carried and completed by the requested timeframes, to acceptable standards and in compliance with these Terms and Conditions. 

Whilst We will use Our reasonable endeavours, We will not be liable for any loss or damage You suffer or suffered by any third party for a failure of the Services to meet the requested timeframe, be of acceptable standard or in compliance with these Terms and Conditions.

Inconsistency

Should there be an inconsistency between these Terms and Conditions and the Terms of Use, these Terms and Conditions shall first prevail, to the extent of the inconsistency only.

Force Majeure

We will not be liable for any failure to carry out Our obligations under these Terms and Conditions where such failure is due to any cause beyond Our reasonable control, including but not limited to an act of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy.

Severability

In the event that a Court of competent jurisdiction determines that any or any part of the terms contained in these Terms and Conditions are invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms to the extent of their invalidity, unlawfulness or unenforceability.

Relationship

These Terms and Conditions do not create a relationship of agency, partnership or joint venture between the parties.

Governing Law

These Terms and Conditions are governed by the laws in New South Wales, Australia and You irrevocably submit to the jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in New South Wales.

If you have any questions or concerns regarding our Terms & Conditions please direct them to: audrey@ikaroconsulting.com.

Definitions

IKARO Consulting means IKARO Consulting (ABN 17894081310), including its directors, employees and agents.  

Initial Term means the option of 12 weeks selected by You as a new customer of Ours, from the date of these Terms and Conditions. 

Inner Circle means a community of people who are seeking growth and expansion in their personal or professional capacity.

Intellectual Property Rights means statutory and other proprietary rights in respect of trade marks, patents, copyrights, confidential information, know-how and all other rights with respect to intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1976.

Fees means the fees charged and/or payable by You to Us for the Services.

GST Law has the same meaning as “GST Law” in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and also includes any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax.

Parties means the parties to these Terms and Conditions, their respective successors and permitted assigns, and Party means either one of them as the context permits.

Member means a person who has access to the IKARO Consulting services.  

Platform means the coaching platform and materials accessed via a login on the Website.

Services means the service provided by IKARO Consulting, including but not limited to all materials and information.  

Terms and Conditions means these Terms and Conditions as amended from time to time and displayed on the Website.  

Us, We or Our refers to IKARO Consulting. 

Website means www.ikaroconsulting.com and includes any subsidiary pages from this site.  

You and Your refers to You, the person accessing the Website and/or the Services.