Website Terms and Conditions of Use
Y Executive provides career coaching services to people wanting to build a career they love. This includes but is not limited to services that develop job search skills, career development and leadership ability. More information on Y Executives services is provided throughout this website.
Acceptance of the Terms
By accessing and using this website you acknowledge that you have read these website terms and conditions of use and agree, without limitation, to be bound by them. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you.
If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Company Name: Y Executive
ABN: 66 305 604 017
Telephone: 03 9435 7082
Where the option is given to you, you may make payment for Services (the ‘Services Fee’) by way of:
(a) Electronic funds transfer (‘EFT’) into our nominated bank account
(b) Credit Card Payment (‘Credit Card’)
(c) Direct Debit
(d) PayPal (PayPal Australia Pty Limited (ABN 93 111 195 389)
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee. You agree and acknowledge that Y Executive can vary the Services Fee at any time.
Payment for each and all services must be paid prior to or on the day of your consultation. Y Executive may engage in other payment options from time to time and these payment options in no way limit the extent of these Terms. Clients will be provided with payment details at the time of booking.
Y Executive will only provide you with a refund (or part there of) of the Services Fee in the event they are unable to continue to provide the Services or if a Partner of Y Executive makes a decision, at their absolute discretion, that it is reasonable to do so under the specific circumstances.
The Website, the Services and all of the related products of Y Executive are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Y Executive or its contributors.
Y Executive retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Y Executive and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Website Content and Materials
The information and materials contained in this website including these terms and conditions (“Information”) are subject to change without notice. We may discontinue or make changes to the Information at any time. Any dated Information is current at the date of publication only. Y Executive does not have any obligation or responsibility to update or amend this Information.
Materials in our products, services and our website may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. Any and all forward looking statements provided by Y Executive are intended to express our opinion and potential only.
Links to Third Party Websites
Links to other websites may be provided from this site from time to time. In those circumstances we have no control over the content of those third party websites. We make no express warranties concerning the content of those other sites. The user of this site will assume all risks and costs arising from the use of any website linked to this site.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Y Executive will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the partners, affiliates, directors, officers, employees, agents, contributors and licensors of Y Executive make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Y Executive) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Y Executive; and
(d) the Services or operation in respect to links which are provided for your convenience.
In addition, your level of success in attaining the results claimed in our materials depends on several factors including but not restricted to the time you devote to the Program/s or Services, ideas and techniques learned, application of skills, idea, knowledge and techniques learned and knowledge and various skill levels. Since these factors differ according to individuals, Y Executive and/or its Partners cannot guarantee you gaining employment or your overall career success. Nor are we responsible for any of your actions.
Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else, in fact no guarantees are made that you will achieve any results from our ideas and techniques.
Limitation of liability
Y Executive’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Y Executive, its partners, affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.
To the maximum extent permitted by law we disclaim liability for any direct, indirect, incidental or consequential damage of any kind related to your use of this site.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Y Executive as set out below.
If you want to terminate the Terms, you may do so by:
- providing Y Executive with 3 days’ notice of your intention to terminate;
- closing your accounts for all of the services which you use, where Y Executive has made this option available to you.
Your notice should be sent, in writing, to Y Executive via the ‘Contact Us’ link on our homepage.
Subject to local applicable laws, Y Executive reserves the right to discontinue or cancel your services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Y Executive’s name or reputation or violates the rights of those of another party.
You agree to indemnify Y Executive, its Partners, affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution: On receipt of notice (‘Notice’) the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Victoria, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. If 1 month has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Y Executive understands that from time to time the cancellation of a coaching session may be required. Y Executive will charge the following cancellation fees at its discretion;
- If greater than 24 hours notice there is no cancellation fee
- If less than 24 hours notice there will be a 75% cancellation fee
We welcome enquiries and/or feedback on Our Website or any ideas you may have. Unless specifically stated by you, we will treat any information you provide us with, as non-proprietary and non-confidential.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.