Terms & Conditions

Welcome to our website.

This website with URL address www.peggykerr.com, is owned and operated by Peggy Kerr, ABN 74 362 411 583.

The terms ‘us’ or ‘our’ or ‘we’ refers to Peggy Kerr, the owner of the website, whose office is in Queensland, Australia. The term ‘you’ or ‘your’ refers to the website user.

Peggy Kerr runs a business that provides the following services and products:

  • One-on-one Coaching

  • Group Coaching

  • Live and Video Workshops

  • Online Courses

Please read these Terms and Conditions carefully, as together with our Privacy Policy it sets out your important rights and obligations in relation to:

  • The use of this website

  • All services and products provided through this website.

 

Your use of this website is subject to the following terms and conditions:

  • When you visit this website and use our services or purchase our products you agree that you have read these Terms & Conditions and all related documents and that you are willing to be bound by them.

  • The content of this website is for your general information and use only. It is subject to change without prior notice.

Variation

We may update our terms and conditions from time-to-time and without prior notice to you and the new provisions will apply from the date they are updated.

Disclaimer (General)

Whilst every care is taken, Peggy Kerr does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. The information available through this website is provided as general relationship advice only. You are solely responsible for any results you obtain as a result of using the information on this website. You acknowledge and agree that no information or advice provided by us including that contained on this website any way constitutes financial, legal or medical advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website. This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

Copyright, Trademarks and other Intellectual Property
Peggy Kerr owns the intellectual property rights in all of the content on this website or has permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. Please email hello@peggykerr.com if you require permission to reproduce any of the contents of this website. Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.

Personal Use Only

You may access, download, or print material from the website for your personal use only. Sharing any intellectual property or copyright material from this website for commercial use of any sort, without permission is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.

No Unlawful or Prohibited Use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.

You expressly agree not to:

  • Engage in any internal or external spamming, or other similar actions.

  • Engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions.

  • Decompile, reverse engineer, or try to copy or imitate this website or underlying content.

  • Use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.

  • Use data collected from the website for any direct marketing activity (including without limitation email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).

  • Use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.

Copyright Infringement

If you believe that there is material on our website that infringes third party intellectual property rights, please email hello@peggykerr.com with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the website if appropriate.

Cookies

This website uses cookies to monitor browsing preferences. By using our website or by agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

Third-party Links

This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. Third-party links on our website do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

Website Security

Peggy Kerr makes every effort to maintain the security of the website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content. Peggy Kerr disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection. The website is managed by third-party services; therefore, the website may be inaccessible from time to time.

Limitation of Liability

Peggy Kerr will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

Indemnity

You agree to indemnify and defend Peggy Kerr from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • Your unauthorised use of this website, or products or services included or advertised on this website.

  • Your breach of these Terms and Conditions.

Applicable Law

This agreement is governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts within Queensland, Australia, in all disputes arising out of or relating to the use of this website.

  • You may provide notice to us through the contact us page or otherwise by email addressed to hello@peggykerr.com

  • We may provide notice to you via email or other electronic means.

  • Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Peggy Kerr as a result of this Agreement or use of this website.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect. These Terms and Conditions together with our Privacy Policy form the entire agreement between you and Peggy Kerr.

Refusal of Services

All Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Services Descriptions

We endeavour to describe and display our Services as accurately as possible. While we try to be as clear as possible, our Site might not be entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Fees and Payment Authorisation

All Fees are listed on our Site and in AUD. We reserve the right to change our Fees at any time and without notice. You expressly agree and understand that you are responsible for full payment of Fees for any course, service or program enrolled in, regardless of whether you complete the program, are willing or able to complete the program, regardless of circumstance. You authorise us to charge your credit card or debit card through PayPal, Stripe, or other payment processor used to process payment on our Site. If any payment is recurring or made via a payment plan, you authorise our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout. Skipped or canceled payments will result in your access being revoked to any Services until payment has been made or new payment arrangements have been arranged, which alternative payments will only be approved in our sole discretion. Any time lost will not be made-up and payment will remain due.

No Refund Policy

WE HAVE A STRICT NO REFUND POLICY FOR ALL PROGRAMS AND SERVICES OFFERED THROUGH PEGGY KERR.

You are solely responsible for reading our sales page and Site carefully for the program or service you wish to enrol in. Please reach out to us before you purchase any Services on our Site if you have any questions about what's included. We are happy to help you determine if it's a good fit before you sign up.

Recording Media Release

By enrolling in any Services offered through us, you expressly consent to being recorded on our group calls, whether via photograph, audio and/or video. These calls may be shared with other coaching clients who have agreed to uphold the confidentiality of all participants. By agreeing to these terms and conditions you consent to having your recording shared. You further grant us a commercial license to use any image(s), including any containing your likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any social media platforms, for our future business use.

No Guarantees

While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services.

Affiliates

We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services, or products. 

Termination of Use

If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services, Facebook or other online community platforms and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site. 

Confidentiality

You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.

Communication

Any communications made through our contact form, blog comments social media pages, or other related pages, or directly to our phone(s), mailing, or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy. We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behaviour that we deem inappropriate.  

Prohibited Behaviour

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardise the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms. 

Privacy

We respect your privacy and require that you respect the privacy of fellow program participants. You agree not to violate the publicity or privacy rights of any fellow participant. You agree:

  • Not to infringe any Program participant’s or Peggy Kerr’s copyright, patent, trademark, trade secret or other intellectual property rights;

  • That any Confidential Information shared by program participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;

  • Not to disclose such information to any other person or use it in any manner other than in discussion with other program participants during the program session.

All Rights Reserved

We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us. 

Feedback, Comments or Complaints

If you have any questions, please email hello@peggykerr.com.

Last Updated: September 2024