Terms and Conditions

Effective date: 19 April 2025

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING OUR SERVICES.

Welcome to our website. If you continue to browse and use this website or engage with our services, you agree to comply with and be bound by the following terms and conditions, which, together with our Privacy Policy, govern www.nicolettelouw.org’s relationship with you.

By using this website or purchasing our services, you signify your acceptance of these terms and conditions. For the purposes of these terms and conditions, “Us”, “Our”, and “We” refer to www.nicolettelouw.org, and “You” and “Your” refer to you, the client, visitor, website user, or person using our website or services.

 

AMENDMENT OF TERMS

We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly prior to using our website or services to ensure you are aware of any changes. We will notify you of material changes via email or a prominent notice on our website where required by law. If you choose to use our website or services after changes are made, we will regard that use as conclusive evidence of your agreement and acceptance of the updated terms.

 

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website or services that you agree and accept that www.nicolettelouw.org is not legally responsible for any loss or damage you might suffer related to your use of the website or services, whether from errors or omissions in our documents, information, or services, or from any other use of the website. This includes your use or reliance on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials on this website or through our services is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any services or information available through this website or our services meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64, and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.nicolettelouw.org's liability for any breach of a term of this agreement is limited to: the supplying of the services to you again; or the payment of the cost of having the services supplied to you again.

You must be over 18 years of age to use this website and to purchase any services, unless otherwise agreed in writing by www.nicolettelouw.org.

 

DELIVERY OF SERVICES

Our services, including workshops, 1:1 coaching, webinars, events, courses, and other resources, are delivered digitally, typically via online platforms or email. Access to digital services is provided promptly upon receipt of full payment, subject to technical availability. Should you encounter any technical issues accessing our services, please contact us, and we will make reasonable efforts to assist you. We are not responsible for issues caused by your internet connection, device, or third-party platforms beyond our control.

 

RIGHT TO CANCEL (EEA AND UK RESIDENTS)

If you are a consumer residing in the European Economic Area (EEA) or the United Kingdom, you have the right to cancel your purchase of digital services within 14 days of purchase without giving a reason, as required by EU and UK consumer protection laws. To exercise this right, you must notify us in writing (via email to [email protected]) before the 14-day period expires. If you have not accessed the digital content or services during this period, we will refund your payment in full within 14 days of receiving your cancellation notice, using the same payment method you used. However, if you expressly consent to immediate access to the digital services (e.g., by starting a course or attending a webinar) and acknowledge that you lose your right to cancel once access begins, this cancellation right will not apply. We will obtain your consent and acknowledgment at the time of purchase where required.

 

REFUND POLICY

Refunds are not available for our workshops, webinars, events, courses, 1:1 coaching, or other digital resources, whether purchased outright or through payment plans, except as required by Australian Consumer Law, the EEA/UK cancellation right described above, or at the sole discretion of www.nicolettelouw.org. Please carefully consider your commitment before enrolling in our services, as this policy applies without exception unless otherwise stated or mandated by law.

 

AFFILIATE DISCLOSURES

Our website may include recommendations or links to third-party products or services, such as those offered by Amazon or other affiliates. We may earn a commission for purchases made through these links, at no additional cost to you. These recommendations are provided for your convenience, and we are not responsible for the quality, availability, or performance of third-party products or services.

 

LINKS TO OTHER WEBSITES

www.nicolettelouw.org may from time to time provide links to other websites, advertisements, or information on those websites for your convenience.

This does not imply sponsorship, endorsement, or approval of those websites or products. www.nicolettelouw.org takes no responsibility for any content, products, or services found on linked websites, including third-party retailers such as Amazon or other affiliates recommended on our website.

Our website may contain information or advertisements provided by third parties. We are not responsible for any information, advice, or products provided to you directly by third parties. Any recommendations we make are not advice, and we take no responsibility for outcomes resulting from such recommendations.

 

DISCLAIMER

To the fullest extent permitted by law, www.nicolettelouw.org disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.nicolettelouw.org gives no warranty that the documents or services will be free of errors, that defects will be corrected, or that our website or its server is free of viruses or other harmful components.

While we strive to provide accurate, reliable, and up-to-date information on our website and through our services, we do not warrant or make any representations regarding the use or the result of the use of any document, service, link, or information on our website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you, but you must ensure you are aware of any risk you may be taking by using this website or any services offered through it.
 

YOUR PRIVACY

At www.nicolettelouw.org, we are committed to protecting your privacy. We use the information we collect about you to maximize the services we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles and, where applicable, international privacy laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.nicolettelouw.org's secure server software encrypts all customer information before it is sent to us. Payments are processed securely through third-party payment processors (e.g., Stripe, Apple Pay, PayPal, credit card) and payment information is not stored by us on our servers.

For California residents, as required by the CCPA, we disclose that we collect personal information as described in our Privacy Policy, including names, email addresses, and payment information, for purposes such as delivering services, marketing, and analytics. We do not sell your personal information. You have the right to request details about the categories of personal information collected, the purposes for which it is used, and the third parties with whom it is shared. To exercise these rights, please contact us as outlined in our Privacy Policy.

 

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may, however, use in a general sense, without any reference to your name, your information to create marketing statistics, identify user demands, and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

 

DISCLOSURE OF INFORMATION

www.nicolettelouw.org may be required, in certain circumstances, to disclose information in good faith and where required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property, or safety of www.nicolettelouw.org, our customers, or third parties.

 

EXCLUSION OF COMPETITORS

If you are in the business of providing similar services (e.g., coaching, workshops, webinars, or courses) for a fee, you are considered a competitor of www.nicolettelouw.org. We reserve the right to restrict competitors from accessing certain proprietary content or services on our website to protect our intellectual property and business interests. Unauthorized use of our content or services by competitors may result in legal action, including liability for any losses incurred by www.nicolettelouw.org.

 

COPYRIGHT, TRADEMARK, AND RESTRICTIONS OF USE

This website contains material owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or use by any third party. In particular, you are not permitted to republish, upload, transmit electronically, or otherwise distribute any of the materials, documents, or products that may be available for download from time to time on this website.

www.nicolettelouw.org expressly reserves all copyright and trademark in all documents, information, and materials on our website, and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

TESTIMONIALS

By participating in our workshops, webinars, events, courses, or 1:1 coaching services, you consent to us using any feedback, testimonials, or positive comments you provide for marketing and promotional purposes. This includes, but is not limited to, comments shared via social media platforms (e.g., Instagram, LinkedIn, YouTube, TikTok), podcast reviews (e.g., Apple Podcasts, Spotify), emails, direct messages, or within our services. Such testimonials may be used in our marketing materials, website, or other promotional efforts, and may include your first name unless you request otherwise.

 

PRIVATE COACHING

By purchasing a 1:1 coaching package, you agree to actively participate and attend scheduled sessions. Coaching sessions are fixed appointments, and rescheduling is permitted with at least 24 hours’ notice, provided the session is rescheduled within the validity period of your coaching package, typically 3 months from purchase or as otherwise agreed in writing. Sessions missed, cancelled, or rescheduled with less than 24 hours’ notice, or outside the package’s validity period, will be forfeited. It is your responsibility to schedule sessions in advance, ensuring availability that suits your time zone. Refunds are not available for 1:1 coaching packages, and unbooked sessions within the validity period will be forfeited.

 

NO GUARANTEES

We do not guarantee specific outcomes or results from using our website, workshops, webinars, events, courses, 1:1 coaching, or other resources. While we are committed to supporting your success and will provide our best efforts to assist you, your results depend on various factors beyond our control, including your actions and circumstances. Client testimonials and endorsements shared on our website or marketing materials reflect individual experiences and are not guarantees of similar outcomes. They serve as examples of what may be achieved through dedicated application of our services. You acknowledge that www.nicolettelouw.org is not responsible for any results, including but not limited to revenue, client growth, or social media performance, and we make no promises regarding outcomes in your life or business. Past results from working with us do not guarantee future success.

 

CALL RECORDING DISCLAIMER

By participating in our workshops, webinars, events, or group coaching programs, you consent to the recording of these sessions, which may be stored and shared within an online portal for use by current or future participants, subject to our Privacy Policy. For 1:1 coaching sessions, recordings and call summaries may be made with your prior consent and provided to you for your personal use. You agree to the recording and use of these sessions as described, in accordance with our Privacy Policy.

 

INAPPROPRIATE CONDUCT

www.nicolettelouw.org reserves the right to terminate your access to our website, social media accounts, groups, courses, or programs if you engage in inappropriate conduct. This includes, but is not limited to, abusive, offensive, or hateful behaviour, comments of a sexual nature, or actions that cause discomfort to our team, other participants, or customers. If your access is terminated due to inappropriate conduct, you will not be eligible for a refund for any affected services.

 

WHOLE AGREEMENT

These terms and conditions represent the entire agreement between you and www.nicolettelouw.org concerning your use and access to www.nicolettelouw.org's website and your use and access to the documents, information, and services offered. No other term is to be included in this agreement except where required by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

 

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory, then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause, if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

JURISDICTION

This agreement and this website are subject to the laws of New South Wales (NSW) and Australia. If there is a dispute between you and www.nicolettelouw.org that results in litigation, you must submit to the jurisdiction of the courts of NSW.