The Wellness Coach Hub -
Business Agreement

  1. INTRODUCTION
    1. Please read this Business Agreement carefully. By using the Membership and/or Listing Services on Our Website (“Services”), You agree to be bound by this Business Agreement.
    2. This Business Agreement constitutes a legally binding agreement between You and Us (“Agreement”).
    3. We reserve the right to alter, modify, add to or change in any way, any provision of this Agreement and may in Our absolute discretion, limit, change or expand the goods and services available via The Wellness Coach Hub, without giving prior notice to Users. It is Your responsibility to check this Agreement and the Terms of Use each time You use The Wellness Coach Hub.
    4. The Terms of Use are hereby incorporated into and made a part of this Agreement. To the extent there is a conflict between this Agreement and the Terms of Use, the terms of this Agreement shall prevail. Any capitalised terms used but not otherwise defined in this Agreement shall have the meanings ascribed to them in the Terms of Use. Use of the Services is also governed by our Privacy Policy, which is hereby incorporated into and made a part of this Agreement.
  2. ACCOUNT
    1. In order to post a Listing on The Wellness Coach Hub as a Business, You must first set up an account by completing the registration process which includes providing your contact, Business details, accreditation (if applicable), and location details via The Wellness Coach Hub (“Account”).
    2. The Business is solely responsible for maintaining the confidentiality of their Account and Account password.
  3. LISTINGS & MEMBERSHIP
    1. Membership and Listing options are available on the Website for Businesses to purchase and are displayed on the Website with a brief description of what is included and the associated Fee payable.
    2. You acknowledge that Listings are only for businesses in the health and wellbeing industry. If, in our view, Your business falls outside the scope of the health and wellbeing industry, we reserve the right to remove Your Listing.
    3. If You purchase a Membership or Listing, You will receive a receipt for Your purchase via email and We may send You additional information about Your Membership and/or Listing.
    4. In creating a Listing, the Business must provide the following details (where applicable):
      1. Business name, description and details including ABN and contact details;
      2. Selection of Business specialities;
      3. Description of Business Services;
      4. Images, videos and/or other media relevant to the Business; and
      5. A link to the Business’ website and/or a link to the Businesses’ contact details; (“Conditions”).
    5. Once the Business posts the Listing, the Listing will appear on The Wellness Coach Hub and Users may view the Listing.
    6. In exchange for the Fee to be paid for the Listing, the Listing will remain live on The Wellness Coach Hub and be visible to Users of the Website for the period of time specified when paying the Fee for the Listing on the Website (“Listing Period”).
    7. The Business is solely responsible for providing The Wellness Coach Hub with accurate, honest and relevant information for the Listing, including the Conditions, and/or all other information they wish to be represented on the Listing.
    8. After the Listing Period lapses, the Business will have the option to continue to have the Listing visible on The Wellness Coach Hub, in exchange for the applicable Fees published by Us on The Wellness Coach Hub. If the Business fails to pay the Fee for an additional Listing Period, the Listing will no longer be visible on The Wellness Coach Hub.
    9. You agree that You must provide accurate and complete information to create Your Membership and/or Listing(s) and that You are authorised to publish Your Listing(s) and the content, date, intellectual property, and information within it. You acknowledge that You will be solely responsible for Your Listing(s) on Our Website.
    10. You agree not to make any dishonest, misleading, illegal, or deceptive representations on Our Website, in Your Listing(s) or in connection or affiliation with Us whatsoever.
    11. In the event that we deem the Listing to be misleading/deceptive, harmful, objectionable, inappropriate or that it infringes (or potentially infringes) on the rights of others or any applicable law, we have the sole discretion (but not obligation) to remove the Listing (in whole or in part) from The Wellness Coach Hub.
    12. You acknowledge that We do not guarantee Your Membership or Listing(s) will lead to any benefit or success for You or Your business.
    13. If You wish to alter or remove Your Listing, You can do so by using the portal on the Website. If there are any issues with Your Membership or Listing(s), You should contact Us at info@thewellnesscoachhub.com.au
  4. PAYMENT
    1. The Fees for Memberships and Listings shall be paid on Our Website via Stripe. We are not responsible for any payment processed (or not processed) and may offer other methods for payment from time to time.
    2. In order to pay the Fee for a Membership or Listing, You must complete the “Checkout” process on The Wellness Coach Hub whereby You must:
      • select Your payment method for the Fee and submit the Fees listed payable via Stripe (where applicable); and
      • read and agree to the terms provided to You (where applicable).
    3. If the Fees are paid via Stripe, such payment is subject to Stripe’s User Agreement which can be read here: https://stripe.com/en-au/checkout/legal.
  5. BUSINESS WARRANTIES
    1. The Business acknowledges and agrees that:
      1. It will use its best efforts to carry out its services in accordance with the Conditions featured on the Listing;
      2. That all Data uploaded to The Wellness Coach Hub is current, true and accurate and does not contain any viruses, tracking software or other programming algorithms that may interfere with Our privacy, data or computer systems;
      3. Any agreement formed between the Business and another User for the Business’ services is solely between the Business and such User, and We are not a party to such agreement, nor do we assume any responsibility arising out of or in connection with such agreement;
      4. The Business has the necessary right, title and interest (including but not limited to applicable copyright) to list the Business and its services on The Wellness Coach Hub, and in doing so warrants that no third party rights or applicable laws are infringed;
      5. That if the Business is using The Wellness Coach Hub or agreeing to this Agreement on behalf of another person or entity, including but not limited to a company or other organisation, the Business represents and warrants that they have the power and authority to bind such entity to the terms of this Agreement;
      6. That We will not be in any way liable to the Business, Users, or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for loss of money, goodwill, reputation or Data arising from the Business’ use of The Wellness Coach Hub.
  6. PAYMENT
    1. In exchange of the Business’s use of The Wellness Coach Hub, the Business agrees to pay Us the monthly or yearly Fee as published by us on The Wellness Coach Hub (“Fee”). The Fee shall be paid in advance via a ‘direct debit’ arrangement with Us whereby the Fee will be automatically debited from the Business’s nominated bank account or credit card at the beginning of each month.
    2. We may, in Our full discretion, change the Fee amount and/or the method Fee payment and will give reasonable notice to the Business of such change.
    3. The Business acknowledges that in the event that we do not receive payment of the Fee in full within 14 days of the due date, the Listing will be suspended from The Wellness Coach Hub until such time that the Fee is paid in full.
  7. SUSPENSION & TERMINATION
    1. If we determine that the Business is in breach of this Agreement, we may, in our sole discretion and without notice, limit access, suspend or terminate the Account and refuse any and all current or future use of the Account. Such termination shall not release the Business of any obligations existing at the time their Account is terminated. In addition to terminating the Agreement, we will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.
    2. The Business has the right to terminate or suspend their Account via their Account’s page or by contacting info@thewellnesshub.com.au with a notice for termination.
    3. If the Business’ Account is terminated, suspended or otherwise limited the Listing will be removed from The Wellness Coach Hub.
    4. The following sections of this Agreement will survive termination: Business Warranties; Suspension & Termination; Intellectual Property Rights; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. The Wellness Coach Hub platform, including but not limited to all trade marks, underlying software, code, design, text, graphics, footage, photographs, sound recordings, musical works and other files are owned by, controlled by, or licensed to us (“The Wellness Coach Hub Materials”). All rights are reserved. No The Wellness Coach Hub Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms of Use, without our prior written consent.
    2. The Business will retain ownership (including intellectual property rights) in any Data uploaded to The Wellness Coach Hub. The Business grants us the irrevocable, non-exclusive right to use the Business’ approved name and image, Promotional Materials and/or Listing for the purposes of providing its Services and promotional purposes throughout all media.
  9. INDEMNITY
    1. The Business hereby indemnifies us, our officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any Data imported onto The Wellness Coach Hub, the access and use of The Wellness Coach Hub and/or any breach or alleged breach of this Agreement by the Business.
    2. Should we in our sole discretion determine that the Business has breached this Agreement, then nothing herein shall prevent or in any way restrict our right to pursue any of its legal and/or other remedies, including, without limitation, court action.
  10. NO WARRANTIES AND LIMITATION OF LIABILITY
    1. The Wellness Coach Hub is provided on an "as is" basis and without representations or warranties of any kind to the Business, whether express or implied, including without limitation as to the quality and/or fitness of The Wellness Coach Hub for a particular use, accessibility or warranties that access to, or use of The Wellness Coach Hub will be uninterrupted or error-free. We do not represent that The Wellness Coach Hub will be secure or free of viruses or other harmful material or elements, or that any The Wellness Coach Hub Materials will be correct, accurate, timely or complete.
    2. We have no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with The Wellness Coach Hub including but not limited to any loss or damage arising from:
      1. Any errors and/or representations made via The Wellness Coach Hub in connection with the Business, its services, availability, Conditions, and/or Listing;
      2. Data provided to Us; and/or
      3. The termination or suspension of any Account.
    3. For the avoidance of doubt, we are not responsible for any Business practices and/or any information provided to Users by the Business and/or in connection with its services.
  11. GOVERNING LAW AND JURISDICTION
    1. These Terms of Use and the access and use of The Wellness Coach Hub shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using The Wellness Coach Hub, the Business accepts that any dispute under these Terms of Use or arising out of access and/or use of The Wellness Coach Hub shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using The Wellness Coach Hub, the Business hereby submits to the jurisdiction of such courts for such purposes.
    2. The Business is solely responsible for compliance with any applicable laws of the country from which they access The Wellness Coach Hub.

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