1.                Terms and Conditions

1.1              Application

These Terms and Conditions apply to the provision of the Coaching Services by Samith Pich (Automatic Authority/ Business Fast Track) to the Client.

1.2              Acceptance

The Client confirms their acceptance of these Terms and Conditions by payment to Samith Pich (Automatic Authority/ Business Fast Track). Both the Client and Samith Pich (Automatic Authority/ Business Fast Track) shall act in good faith, with common sense and the best of intentions.

1.3              Authority to Amend

No person other than a director of Automatic Authority/ Business Fast Track has authority to amend, vary or waive these Terms and Conditions on Automatic Authority/ Business Fast Track.

1.4              Interpretation

Capitalised terms used in these Terms and Conditions have the meaning given in clause 10 unless the context otherwise requires.

2.                Supply of Coaching Services

2.1              Supply of Services

The Client agrees to accept and pay for, and Samith Pich (Automatic Authority/ Business Fast Track) agrees to provide the Coaching Services, subject to these Terms and Conditions.

2.2              Restriction

Samith Pich (Automatic Authority/ Business Fast Track) does not agree to provide the Coaching Services to any person who is not resident in Australia (or, if the Client is a corporation, incorporated and carrying on business in Australia), but will conduct Coaching Sessions with Client Attendees who are temporarily located outside Australia provided that all technical requirements are met by the Client.

2.3              Warranty

A person who submits an Inquiry Form warrants that they are resident in Australia or are doing so as an authorised representative of a corporation, partnership or other organisation that is lawfully carrying on business in Australia.

3.                Bookings

3.1              Inquiry Form

(a)               The Client may request the provision of Coaching Services by completing and submitting an Inquiry Form or payment to Samith Pich (Automatic Authority/ Business Fast Track) through the Website.

(b)               Upon receipt of an Inquiry Form, a Samith Pich (Automatic Authority/ Business Fast Track) contact the Client by telephone using the contact details provided by the Client in the Inquiry Form.  By submitting the Inquiry Form, the Client authorises and requests Samith Pich (Automatic Authority/ Business Fast Track) contact the Client to discuss the Inquiry Form and the Client’s interest in purchasing Coaching Services.  The purpose of this contact is to discuss the Client’s specific requirements for Coaching Services and, if the Client wishes to purchase a Coaching Package, to:

    (i)                 agree on a Coach;

    (ii)                confirm the details of the Coaching Package;

    (iii)              schedule the Coaching Sessions for the Coaching Package;

    (iv)               receive credit card payment from the Client for the Coaching Fee or agree on alternative arrangements for payment of the Coaching Fee for the Coaching Package.

    (c)               Submission of an Inquiry Form creates no obligation on the Client to acquire, nor on Samith Pich (Automatic Authority/ Business Fast Track) to provide, any Coaching Services.

3.2              Confirmation

(a)               If the Client and Samith Pich (Automatic Authority/ Business Fast Track) agree to proceed with a Coaching Package, Samith Pich (Automatic Authority/ Business Fast Track) will issue a Confirmation to the Client by email.

(b)               If Samith Pich (Automatic Authority/ Business Fast Track) agrees to receive payment of the Coaching Fee by an alternative method:

    (i)                 the Client must make payment by the agreed method within 7 days and must provide evidence of the payment to    Samith Pich (Automatic Authority/ Business Fast Track);

    (ii)                no Coaching Session will be scheduled within the following 7 days;

    (iii)              the Confirmation will be issued on a conditional basis, subject to receipt of the Coaching Fee; and

    (iv)               if payment of the Coaching Fee is not received in full within 7 days, Samith Pich (Automatic Authority/ Business Fast Track) may cancel the Coaching Package.

(c)               The Confirmation will include details of the Coaching Package, including:

    (i)                 the name of the Coach;

    (ii)                the time and date for each Coaching Session; and

    (iii)              technical instructions for the Client’s participation in the Coaching Sessions, including details of the Online                          Platform.

(d)               The Confirmation will also include a tax invoice for the Coaching Fee.

3.3              Cooling Off

(a)               Subject to clause 3.3(c), the Client may cancel the Coaching Package within 48 hours of the issue of the Confirmation by sending an email to Samith Pich (Automatic Authority/ Business Fast Track) (at the address shown on the Confirmation) requesting cancellation.

(b)               If  Samith Pich (Automatic Authority/ Business Fast Track) receives a cancellation request in accordance with 3.3(a) within the stated time, Samith Pich (Automatic Authority/ Business Fast Track) will cancel the Coaching Package and refund any Coaching Fees which the Client has paid, less an administration charge of $50 if no further booking is made at the time of cancellation.

(c)               The Client may not cancel a Coaching Package any later than 24 hours before the first scheduled Coaching Session.

(d)               To the maximum extent permitted by Law, the Client is not entitled to cancel a Coaching Package or any Coaching Session except as expressly permitted under these Terms and Conditions.

3.4              Rescheduling

(a)               If the Client wishes to reschedule a Coaching Session, it must contact Samith Pich (Automatic Authority/ Business Fast Track) by email or telephone at least 24 hours before the scheduled starting time for the Coaching Session.

(b)               Following receipt of a Rescheduling Request, Samith Pich (Automatic Authority/ Business Fast Track) will contact the Client and endeavour to reschedule the Coaching Session to a mutually convenient time.

(c)               The Client acknowledges that the ability to reschedule a Coaching Session depends, among other things, on the availability of the Samith Pich (Automatic Authority/ Business Fast Track) and while Samith will use reasonable endeavours to reschedule the Coaching Session in accordance with the Client’s preferred alternative date and time, it cannot guarantee the availability of a Coach.

(d)               Unless Samith Pich (Automatic Authority/ Business Fast Track) agrees otherwise, the rescheduled date must be within 6 months of the originally scheduled date of the Coaching Session.

(e)               If the Client and Samith Pich (Automatic Authority/ Business Fast Track) cannot agree on a rescheduled date, the Coaching Session will take place at the originally scheduled time.

3.5              Additional Sessions

(a)               Provided that the Client has purchased an Initial Package, the Client may purchase one or more Additional Sessions with the same Coach at any time, provided that each Additional Session must be booked for a date which is not more than 6 months after the immediately preceding Coaching Session with that Coach.

(b)               The booking of an Additional Session is subject to the availability of the Coach at the time of booking.

(c)               If an Additional Session is booked at a time other than when an Initial Package is booked, Samith Pich (Automatic Authority/ Business Fast Track) will issue a separate Confirmation for the Additional Session.

3.6              Replacement of Coach

(a)               If, after the Client has purchased a Coaching Package, the selected Coach, for any reason, becomes permanently unavailable to provide the Coaching Sessions, Samith Pich (Automatic Authority/ Business Fast Track) will contact the Client and offer an alternate Coach.

(b)               Samith Pich (Automatic Authority/ Business Fast Track) will use its best endeavours to ensure that the alternate Coach has substantially similar qualifications and experience as the original Coach, or is otherwise acceptable to the Client.

3.7               Refunds

(a)               Refunds are given at the sole discretion of Samith Pich (Automatic Authority/ Business Fast Track).

(b)               Refunds are generally given only in extenuating circumstances and normally for any unused portion of coaching. i.e Coach base hourly rate invested minus paid balance of coaching.

(c)               If a refund has been deemed appropriate and necessary said refund will be given within 7 days of written confirmation between client and Samith Pich (Automatic Authority/ Business Fast Track)

4.                Fees and Payment

4.1              Timing

(a)               The Client must pay the Coaching Fee to Samith Pich (Automatic Authority/ Business Fast Track) in accordance with clause 3.2(a) or clause 3.2(b).

(b)               Full payment of the Coaching Fee must be received by Samith Pich (Automatic Authority/ Business Fast Track) at least 24 hours before:

(i)                 in respect of the Initial Package, the first Coaching Session; and

(ii)                in respect of any Additional Session, the relevant Coaching Session.

(c)               If Samith Pich (Automatic Authority/ Business Fast Track) does not receive payment by the time stated in clause 4.1(b), Samith Pich (Automatic Authority/ Business Fast Track) may, without prejudice to any other remedy it may have, cancel the Coaching Session or terminate the Coaching Package.

4.2              GST

(a)               The parties acknowledge and agree that all Coaching Fees are inclusive of GST unless otherwise stated.

(b)               If GST is imposed on any supply made by Samith Pich (Automatic Authority/ Business Fast Track) pursuant to these Terms and Conditions, subject to Samith Pich (Automatic Authority/ Business Fast Track) providing a valid tax invoice, the Client must pay, in addition to any fees for such supply (unless those fees already include GST), an additional amount equivalent to the GST payable.

5.                Coaching Sessions

5.1              Conduct of sessions

(a)               An Initial Package entitles the Client to five Coaching Sessions conducted via the Online Platform.

(b)               If for any reason the designated Online Platform is unavailable, Samith Pich (Automatic Authority/ Business Fast Track) will use its best endeavours to provide an alternative platform via which the Coaching Session will be conducted.

(c)               If Samith Pich (Automatic Authority/ Business Fast Track) is unable to provide a Coaching Session as a result of technical malfunction or server inactivity, any circumstance beyond its reasonable control, including unavailability of the Online Platform, Samith Pich (Automatic Authority/ Business Fast Track) will reschedule that Coaching Session in consultation with the Client and the Coach, provided that Samith Pich (Automatic Authority/ Business Fast Track) will not be required to reschedule a Coaching Session and the Client will not be entitled to any other remedy if the session has lasted not less than 45 minutes in aggregate.

(d)               The Client is responsible for ensuring that it has the necessary technical capacity, including internet access, to use the Online Platform.

5.2              Commencement and Duration

(a)               If the Client fails to attend any Coaching Session, Samith Pich (Automatic Authority/ Business Fast Track) is not obliged to refund any portion of the Coaching Fee for that session.

(b)                 Each Coaching Session is a 45 mins in duration and, provided that the Coach has logged on, will commence at the earlier of:

    (i)                 10 minutes after the scheduled start time; or

    (ii)                when the Client logs on to the session,

or at such later time as the Coach may agree in their absolute discretion.

(c)               If the Client has not logged on to the Online Platform within 15 minutes of the scheduled start time of a Coaching Session the Client is deemed to have cancelled that Coaching Session, unless otherwise agreed between the Client and the Coach or Samith Pich (Automatic Authority/ Business Fast Track).

(d)               Each Coaching Session will be recorded and a copy of the recording will be sent to the Client by email.

6.                Disclaimer

6.1              Suitability of Services

To the maximum extent permitted by Law, the Client acknowledges and agrees that:

(a)               Samith Pich (Automatic Authority/ Business Fast Track) does not warrant or guarantee any outcomes, or the suitability of, the Coaching Services for any purpose;

(b)               any advice or other information provided by Samith Pich (Automatic Authority/ Business Fast Track) is not to be taken as legal, financial or insurance advice, and the Client will:

    (i)                 seek independent legal, financial or insurance advice from a suitably qualified advisor or institution, and will ensure that each Client Attendee seeks such advice, before implementing or applying any of the advice or information provided by Samith Pich (Automatic Authority/ Business Fast Track); and

    (ii)                indemnify Samith Pich (Automatic Authority/ Business Fast Track) from and against any loss or damage arising as a result of the Client’s, or any Client Attendee’s, failure to obtain independent legal, financial or insurance advice in accordance with clause 6.1(b)(i); and

(c)              Samith Pich (Automatic Authority/ Business Fast Track) will not provide the Client or any Client Attendee with any financial product advice or other information that would require Samith Pich (Automatic Authority/ Business Fast Track) to hold an Australian Financial Services Licence (AFS Licence), and Samith Pich (Automatic Authority/ Business Fast Track) is not required to hold an AFS Licence to provide the Coaching Services.

6.2              Release

The Client acknowledges and agrees that Samith Pich (Automatic Authority/ Business Fast Track)g is not liable for, and the Client releases, and must procure that each Client Attendee releases, Samith Pich (Automatic Authority/ Business Fast Track) from any Claims relating to:

(a)               any failure, error, omission or interruptions in the availability or quality of the internet, telecommunications systems or other technology during a Coaching Session;

(b)               any interference, loss or damage to any data, computer system, mobile device or any other property arising as a result of or in connection with the provision of the Coaching Services; or

(c)               any reliance on any information, document, advice or other materials provided by Samith Pich (Automatic Authority/ Business Fast Track) on the Website or in connection with the Coaching Services.

6.3              Exclusion of liability

To the maximum extent permitted by Law and subject to clause 7:

(a)               Samith Pich (Automatic Authority/ Business Fast Track) will not be liable for, and the Client and each Client Attendee waives any right it has to claim, any loss of income, loss of profit, production, contract, customers, goodwill, opportunity or business, or any indirect, special or consequential loss or damage of any nature whatsoever arising under or in connection with the Coaching Services or these Terms and Conditions, whether in contract, tort (including negligence), under statute, in equity or otherwise; and

(b)               Samith Pich (Automatic Authority/ Business Fast Track)’s aggregate liability to the Client and all Client Attendees arising out of, or in connection with, the Coaching Services is capped at an amount equivalent to the Coaching Fee.

7.                Australian Consumer Law

(a)               Nothing in these Terms and Conditions, except as expressed otherwise in clause 7(b), will be construed as excluding, restricting or modifying any Consumer Guarantee.

(b)               Samith Pich (Automatic Authority/ Business Fast Track) liability to comply with a Consumer Guarantee is limited, at the sole discretion of Samith Pich (Automatic Authority/ Business Fast Track), to supplying the service again or payment of the costs of having the service supplied again.

(c)               Clause 7(b) does not apply if the Client establishes that it would not be fair and reasonable for Samith Pich (Automatic Authority/ Business Fast Track) to rely on it.

8.                Intellectual Property and Privacy

8.1              Intellectual Property

The Client acknowledges and agrees that Samith Pich (Automatic Authority/ Business Fast Track) will retain ownership of all Intellectual Property created as a result of or in connection with the Coaching Services.

8.2              Privacy

(a)               Subject to the terms of the Privacy Policy, Samith Pich (Automatic Authority/ Business Fast Track) will only collect personal information from the Client for the purpose of:

    (i)                 providing the Coaching Services;

    (ii)                to the extent permitted by law, notifying the Client of other services provided by Samith Pich (Automatic Authority/ Business Fast Track) and other parties which may be of interest to the Client (subject to the Client’s right to opt out of such communications); or

    (iii)              providing information to the Client which Samith Pich (Automatic Authority/ Business Fast Track) believes may be useful or relevant to the Client’s business having regard to the Client’s acquisition of the Coaching Services.

(b)               The Client gives Samith Pich (Automatic Authority/ Business Fast Track) permission to collect and store any personal details and other information provided by the Client in connection with the Coaching Services, in accordance with the Privacy Policy.

(c)               The Client undertakes to obtain the consent of each Client Attendee to the collection, use and storage of information about the Client Attendee in the manner described in this clause 8.2 and promises to Samith Pich (Automatic Authority/ Business Fast Track) that it will not permit any Client Attendee to participate in any Coaching Session or any part of the Coaching Services unless they have given that consent.

9.                Confidential Information

A Recipient must not use or disclose the Discloser’s Confidential Information unless:

(a)               the Discloser gives its written consent to disclosure or use of the information;

(b)               the use or disclosure is required by law; or

(c)               the use or disclosure is required for the purpose of performing the Coaching Services.

10.            Definition and Interpretation

10.1           Definitions

In these Terms and Conditions, unless the contrary intention appears, the following words have the following meanings:

Term:

Definition:
ACL the Australian Consumer Law contained in Schedule 2 of theCompetition and Consumer Act 2010 (Cth).
Additional Session a Coaching Session booked by the Client in addition to an Initial Package.
Business Day a day which is not a Saturday, Sunday, public or bank holiday in Perth, Western Australia.
Claim includes any allegation, action, demand, cause of action, suit or proceeding, howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at Law, in equity, under statute or otherwise.
Client the person who submits an Inquiry Form or who is named as the Client in the Confirmation.
Client Attendee

$1(a)     if the Client is an individual, the Client; and

$1(b)     each individual authorised or permitted by the Client to attend a Coaching Session.
Coach

the individual nominated by the Samith Pich (Automatic Authority/ Business Fast Track) and accepted by the Client to provide a Coaching Package.
Coaching Fee

the fee payable by the Client for the Coaching Services, as published on the Website and confirmed to the Client at the time of purchasing an Initial Package or Additional Session and which will be set out in the relevant Confirmation.
Coaching Package a package of Coaching Sessions to be provided to the Client, including an Initial Package and any Additional Sessions.
Coaching Services the provision of business coaching advice to the Client for the purpose of improving the conduct of the Client’s business.
Coaching Session any coaching session for the provision of Coaching Services at a designated time and date, as booked by the Client under these Terms and Conditions and set out in a Confirmation, subject to any rescheduling in accordance with these Terms and Conditions.
Confidential Information information provided by or on behalf of a Party (Discloser) to the other Party or any of its representatives (Recipient) in relation to the Coaching Services and which:

$1(a)     is communicated by the Discloser as being confidential;

$1(b)     is by its nature, confidential;

$1(c)     relates to the business affairs or operating processes of the Discloser; or

$1(d)     the Recipient knows or ought to know is confidential,

but does not include information which:

$1(e)     is already known by the Recipient without breach of any obligation of confidentiality; or

$1(f)      is in or becomes in the public domain other than through a breach of these Terms and Conditions by the Recipient.
Confirmation the confirmation issued by Samith Pich (Automatic Authority/ Business Fast Track) for a Coaching Package in accordance with clause 3.2 or for an Additional Session in accordance with clause 3.5.
Consumer a customer that is a consumer, as that term is defined in the ACL, in respect of the particular supply of Coaching Services.
Consumer Guarantee a guarantee relating to the supply of goods or services to Consumers provided by Division 1 of Part 3-2 of the ACL.
Corporations Act Corporations Act 2001 (Cth).
GST any tax, levy, charge or impost generally imposed pursuant to theNew Tax System (Goods and Services Tax) Act 1999, or any other Act of Parliament of the Commonwealth of Australia, which the parties are obliged to pay in respect of the supply of the Coaching Services.
Initial Package the initial five online Coaching Sessions that the Client books with Samith Pich (Automatic Authority/ Business Fast Track) in accordance with these Terms and Conditions.
Inquiry Form an online form located at the Website in which potential customers fill out details about their business and request the Coaching Services.
Intellectual Property trade marks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights, and all similar rights in any part of the world (including know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.
Samith Pich (Automatic Authority/ Business Fast Track) the service provider
Law any law, regulation, authorisation, ruling, judgment, order or decree of any government agency and any statute, regulation, proclamation, ordinance or by-law.
Online Platform the online meeting platform provided by ClickMeeting as set out in the Confirmation or any substantially equivalent platform notified by Samith Pich (Automatic Authority/ Business Fast Track) to the Client from time to time.
Privacy Policy Samith Pich (Automatic Authority/ Business Fast Track) privacy policy published on the Website, as amended from time to time.
Rescheduling Request a request by the Client made in accordance with clause 3.4 to reschedule a Coaching Session
Website https://samithpich.com

10.2           Governing Law

These Terms and Conditions are governed by and must be construed in accordance with the Laws of the State of Western Australia.  The parties submit to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these Terms and Conditions.