How Cool's Health. Terms and Conditions.
These Terms, when accepted by you, constitute an agreement between Tennielle O’Callaghan and Jayson Thompson ABN 94654852810 trading as How Cool’s Health (We, Us, Our) and you (Agreement).
1. Enrolment and Payment
a. Enrolment in your Program is subject to receipt of your payment of the relevant Fee and any relevant Taxes.
b. When you enrol, you will be asked to choose whether you want to pay the Fee as a one time enrolment fee, followed by 3 monthly instalments or, as one upfront payment (inclusive of the enrolment fee and all other program costs). You will be entitled to a discount (as shown on the pricing page) if you pay for the complete package in one up front payment.
c. You accept that you are required to pay the Fee in full, even if you don’t complete the Program, and even if you have elected to pay the Fee in monthly instalments.
2. Program withdrawals, postponements and refunds
a. We are not obliged under law to give you a refund of any of the Fee if you change your mind about the Program (including if you want to cancel or postpone it).
b. We may review this position in the case of extenuating circumstances, where sufficient evidence is provided, but We will exercise this right in our complete discretion.
c. A cooling-off period of 5 business days will apply, during which time you may resign from the Program under no penalty and receive a refund of the remaining amount. Applications to resign must be made in writing within 5 business days of the initial date of contract, inclusive.
3. Your Account
a. An Account (Health Profile) will be created in Google Drive for you to access your online Programs and paperwork. All information you provide when completing your paperwork must be accurate, complete and up-to-date, and you must promptly update your information as required to ensure it remains accurate, complete and up-to-date.
b. When your Account is created, you will be sent a link to access it, which will be personal to you. You are responsible for keeping your link confidential and secure, and you must not share these details with anyone else.
c. We will assume that all activity with your Account (that is not completed by Us) is undertaken by you, and you will be responsible for all such activity. You must notify Us immediately if you believe your Account may be subject to unauthorised access or use.
d. We may suspend any existing Account if We think that it has been subject to unauthorised access or use.
4. Program Materials and other content
a. Unless otherwise stated, Program Materials are supplied in an online environment, and are available for viewing online only. You are not permitted to download or print any Program Materials unless otherwise specified.
b. The Program Materials and other content on Our web pages, within our Facebook Community and in your Google Folder are subject to copyright and other rights owned by Us or Our licensors and remain owned by Us or Our licensors. All such material is protected by the Copyright Act 1968 (Cth) and other international copyright and intellectual property laws.
c. You may only use the Program Materials and other content for your own private non-commercial use. You must not copy, reproduce, modify, distribute, transmit or publish any part of the Program Materials and other content without Our prior written consent.
d. Program Materials, Program content and assessments are subject to change by Us at any time.
5. Your Obligations
a. You must:
i. act respectfully and politely in all your interactions with Our personnel, other Program participants and anyone with whom you interact as a result of your participation in the Program.
ii. take responsibility for your progress and your participation in the Program and completion of Program related tasks requested of you throughout the Program; and
iii. complete any questionnaires assigned to you to allow us to support your progress.
b. If at any moment you feel overwhelmed or are unsure as to how to proceed, you are able to contact Us so that We may provide guidance.
6. Our Obligations
a. Subject to you paying Us for the Fee and any Taxes, and to you otherwise complying with your obligations under this Agreement, We will:
i. provide you with access to the Program Materials, and the other assistance and benefits described in Our brochure or in our Facebook Community in relation to your Program.
ii. evaluate your progress and provide feedback where applicable to you in relation to tasks you are asked to complete as part of the Program.
b. If at any time you feel as though we are not meeting this obligation, please contact Us - We are here to provide a service to support you.
7. In-person Events
a. From time to time, We may offer in-person events relevant to your Program which will be available for you to attend.
b. You acknowledge that you attend those events at your own risk (including contracting viral illnesses such as COVID-19).
8. Privacy
a. We will comply with the Privacy Act 1988 (Cth) and any other privacy law or requirement by which We are bound.
9. Confidentiality
a. Except with Our prior written consent, you must not disclose to any person the Program Materials or other content or any information provided by Us or on Our behalf that ought reasonably to be treated as confidential and/or proprietary (Confidential Information).
b. You must only use Our Confidential Information for the purposes contemplated in this Agreement.
c. Without limiting your obligations under clause 9.2 you must not use Our Confidential Information in any way that could cause Us harm or damage Our business.
d. Your obligations under this clause 9 do not apply to any Confidential Information that:
i. is or becomes public other than through a breach of this Agreement; or
ii. must be disclosed under applicable law.
e. We may disclose your information to Our personnel, Independent Contractors and other third parties in order to comply with Our obligations under this Agreement.
10. Coaching and Services
a. You are solely responsible for creating your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and your coaching calls and interactions with the Us.
b. You understand that our coaching is for educational purposes only.
c. As such, you agree that We are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Us. You understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
d. You consent to participate in a nutrition and lifestyle Program that may include dietary recommendations. You understand that nutritional advice is not intended to replace the advice of a medical doctor. You understand that no claim is made as to the certain efficacy of any nutritional or supplementation protocols.
e. You understand that We have expertise in functional health, corrective exercise and lifestyle coaching, but are not licensed healthcare practitioners.
f. You understand that diet, exercise and lifestyle coaching is not intended as a diagnoses, prescription, treatment or cure for any disease and is not intended as a substitute for regular medical care.
g. You understand that all recommendations are designed with your health, wellbeing and utmost safety in mind. In the event that you may fall ill myself as a result of your participation in this Program, you hereby release, discharge, and waive any and all responsibility of Us, How Cool’s Health or the C.H.E.K Institute now or in the future, including all illnesses or injuries, however caused, occurring during or after your participation in this nutrition and lifestyle Program.
11. Post-Program, Non-Compete and Non-Solicitation
a. You must not:
i. during the Non-Compete period within the Restrain Area, carry on, be engaged or otherwise interested in any business that competes with Us, or provides similar services as those provided by Us under this Agreement; or
ii. use Our Confidential Information to gain an advantage for yourself.
b. You must not (whether directly or indirectly) during the Non-Solicitation Period encourage or induce, or attempt to encourage or induce:
i. any director, officer, employee or Independent Contractor of Ours, with whom you have had dealings during your Program, to terminate their engagement with Us, whether not that person would commit a breach of that person’s contract of engagement; or
ii. any participant who is currently enrolled with Us to enrol or take any Program or study offered by you (whether in your own capacity, or through, on behalf of, or in conjunction with any person, partnership or company) within the Restraint Area which is similar to, or competitive with, the Programs We offer.
c. You acknowledge and agree that:
i. you will obtain Confidential Information during the Program, the disclosure of which could materially harm Us;
ii. the restrictions in this clause 11 are reasonable and necessary for the protection of Our Confidential Information and goodwill;
iii. you intend for the restrictions to operate to the maximum extent;
iv. damages may be inadequate to protect Our interests and We will be entitled to seek and obtain injunctive relief, or other remedies, in any court; and
v. the restrictions are separate, distinct and several so that the unenforceability of any restriction does not affect the enforceability of other restrictions.
d. If the restrictions in this clause:
i. are void as unreasonable for the protection of Our interests; and would be valid if part of the wording was deleted or the period or area was reduced, the restrictions will apply with the modifications necessary to make them effective.
e. Your obligations under this clause 11 survive the end of this Agreement.
12. Termination
a. We may terminate your participation in the Program, if you breach any of your obligations under this Agreement and do not remedy that breach within 14 days of Our notice requiring you to do so.
13. Disputes
a. Where disputes arise under this Agreement (other than payment of the Fee), you and We agree:
i. to provide notice of the dispute to the other party to the approved email address;
ii.that within 7 days of sending the notice a meeting will be convened at a mutually agreed time and place;
iii. you and We will meet as agreed under (ii) with an intention to come to a resolution;
iv. if the dispute is not settled under (iii) within 7 days, either you or We may commence legal proceedings.
14. Definitions and interpretation
a. Where commencing with a capital letter:
i. Account has the meaning given to that term in clause 3.1.
ii. Confidential Information has the meaning given to that term in clause 9.1.
iii. Program means the Program in which you are enrolled.
iv. Program Materials means the materials relevant to your Program which We will make available to you online, including the materials available in Facebook Community and other written materials, presentations and videos.
v. Fee means the fee you pay to enrol in the Program.Independent Contractor means any person engaged by Us as an independent contractor and not as an employee.
vi. Non-Solicitation Period means the duration of the Program plus a period of
1. 12 months after the end of the Program; and
2. if 12 months is not enforceable, 6 months after the end of the Program; and
3. if 6 months is not enforceable, 3 months after the end of the Program.
viii. Restraint Area means online, throughout the world.
ix. Taxes mean any goods and services, value added or other consumption tax.
x. Unless the context otherwise requires:
1. the singular includes the plural and vice versa;
2. if a word is defined, another part of speech has a corresponding meaning;
3. a reference to:
a. a person includes a company, trust, partnership, joint venture, association, body corporate or governmental agency;
b. any document or agreement includes that document or agreement as amended, novated or replaced from time to time; and legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.
15. General
a. This Agreement constitutes the entire agreement between Us and you and supersedes all prior agreements between Us and you regarding its subject matter.
b. You may not assign any of your rights under this Agreement without Our prior express written consent.
c. We will not be liable for any delay or failure to perform any obligation where that delay or failure is the result of any cause outside Our reasonable control.
d. Should any term be found to be invalid or unenforceable, the remaining terms will still apply.
e. A notice or other communication under this Agreement must be in writing and sent by email.
f. We may send notices under this Agreement to you to the email address you have provided to Us. You may send notices under this agreement to Us at [email protected]. Notices sent by email will be deemed to be received at the time they are sent unless the sender receives an automated notification that the email was not delivered.
g. This Agreement will be governed by and construed according to the law of the State of Victoria, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.
Thank you for reading the Terms and Conditions.
Please return to the payment page and tick the box to confirm that you agree.
Jayson Thompson, Tennielle O'Callaghan and The How Cool's Health Team.
Join our program if you're ready to;