Terms and Conditions
Terms of Service Agreement for No Niche Business Accelerators
Effective Date: 1 July 2016
1. Services Provided
1.1 Overview
NoNiche Business Accelerators provides business coaching and advisory services, including but not limited to, individual coaching, group coaching, and quarterly planning events and other events (“Services”).
1.2 Service Description
The Services may include strategic advice, business consultancy, executive coaching, business planning, goal setting, events and networking opportunities tailored to different levels of business needs.
2. User Obligations
2.1 Eligibility
By using our Services, you represent that you are at least 18 years old and have the legal capacity to authorise use of our services. If you are using our Services on behalf of a company or organisation, you represent that you have the authority to sign this Agreement.
2.2 Compliance with Laws
You agree to comply with all applicable laws and regulations while using our Services. You will not use our Services for any illegal, unauthorised, or prohibited purposes.
2.3 Account Registration
In order to access certain features of our Services, you may be required to create an account or log in to external platforms for access to documents in the process of working together. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorised use or suspected breach of security.
3. Fees and Payment
3.1 Pricing
The pricing for our Services is outlined on our agreement. We reserve the right to modify our pricing at any time, any changes will be communicated to you in advance for your athority .
3.2 Payment
You agree to pay all fees associated with the Services you have selected. Payment is via PaySmart direct debiting services, unless otherwise agreed upon and in the currency specified by us. Failure to pay may result in the suspension or termination of your access to our Services.
4. Intellectual Property
4.1 Ownership
All intellectual property rights in the content and materials provided by NoNiche Business Accelerators, including but not limited to text, graphics, logos, images, and software, are the property of NoNiche Business Accelerators and are protected by applicable copyright and other intellectual property laws. This includes all Excel, Word, Canva, or other documents provided to you to help your business.
4.2 License
Subject to signing this Agreement with NoNiche Business Accelerators we share with you, non-exclusive, non-transferable, revocable agreement to access and use the Services solely for your personal or internal business purposes. The Coaching/Advisory Materials you receive are confidential and proprietary, and cannot be used, disclosed, or duplicated except within your own company. These materials are unpublished works protected by copyright laws, and no unauthorised copying, adaptation, distribution, storage, or display is permitted external to your organisation.
5. Confidentiality
5.1 Non-Disclosure
During your use of our Services, you may have access to confidential information belonging to NoNiche Business Accelerators or in if in group settings, from other users. You agree to keep such information confidential and not disclose it to any third party without prior written consent, unless required by law. All information received from you will remain confidential and proprietary and will not be disclosed except within your own company and to your coach providing basic details (company name, address, telephone number, contracted period) to our database. Details of our work together remain strictly confidential between you and us.
6. Limitation of Liability
To the maximum extent permitted by law, NoNiche Business Accelerators and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your access to or use of the Services; (b) any conduct or content of any third party on the Services; (c) any unauthorised access, use, or alteration of your transmissions or content; or (d) any other matter relating to the Services.
7. Termination
7.1 Termination by User
You may terminate this Agreement at any time with a 60 day written notice by ceasing to use our Services.
7.2 Termination by NoNiche Business Accelerators
We may, in our sole discretion, suspend or terminate all or part of our Services with you for any reason, including but not limited to, a violation of this Agreement or if we believe your actions may cause legal liability or harm to other users, or if we feel as though we are not a right fit for each other.
8. Additional Terms
8.1 Responsibility and Indemnity
Our services are advisory in nature. You bear sole responsibility for the use and implementation of these services in your business. You agree to forever indemnify and hold harmless us from and against any loss, cost, or expense resulting from your activities related to the subject matter in this document and in the Coaching and Advisory Plan. While we provide guidance, direction, and program materials, such a role is advisory and not of actually doing the activity itself. You will be primarily accountable for producing the results during the Program. Our goal is to educate, train, motivate, and keep you accountable to help you run a successful business as a lifelong activity.
8.2 Rescheduling Sessions
Coaching sessions can be re-scheduled. If you need to reschedule meetings, you agree to provide 24 hours’ notice or risk forfeiture of our time together, we will do our upmost to ensure we can find an alternate time.
9. General Provisions
9.1 Entire Agreement
This Agreement constitutes the entire agreement between you and NoNiche Business Accelerators relating to the subject matter herein and supersedes all prior or contemporaneous understandings, representations, or agreements, whether written or oral.
9.2 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Australia without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Australia.
9.3 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
9.4 Amendments
NoNiche Business Accelerators reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Any changes will be effective upon posting the revised Agreement on our website or providing notice to you. Your continued use of our Services after such modifications shall constitute your consent to the revised Agreement.
By using the Services, you acknowledge that you have read, understood, and agree to comply with this Agreement.