Terms & Conditions
These Terms govern your access to and use of Adaptive Coaching. Throughout these Terms we’ll refer to our websites, mobile applications, and other products and services collectively as “Services”. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies, including our Privacy Policy. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
Your Account
Where use of our Services requires an account, you agree to provide us with complete and accurate information about you when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create an Adaptive Coaching account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry - if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, phone call, or text message.
Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
Fees, Payment, and Renewal
Adaptive Coaching Fees: By using the Service, you agree to pay the specified fees. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Taxes: You are responsible for payment of all applicable Taxes relating to your use of our Services. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment: If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal: To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes).
Cancelling Automatic Renewal: You can manage and cancel your Paid Services at the respective Service’s site.
Fee Changes: We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
Refunds: While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
General Representation and Warranty
You represent and warrant that your use of our Services:
Will be in strict accordance with these Terms
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and privacy)
Will not be for any unlawful purposes or in furtherance of illegal activities
Will not infringe or misappropriate the intellectual property rights of any third party
Will not disclose sensitive personal information of others
Privacy
Our Privacy Policy explains how we collect, use, and share information about you, along with the choices that you have with respect to that information.
Copyright Infringement
As we ask others to respect intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Adaptive Coaching product or service violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material.
Intellectual Property
Adaptive Coaching, the Adaptive Coaching logo, and all other trademarks, service marks, graphics, and logos used in connection with our Services, are trademarks or registered trademarks of Adaptive Coaching or Adaptive Coaching’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Yellow Ladder or third party trademarks.
Third Party Services
In using the Services, you may enable or use products, software (like Slack, Zoom or Google Suite), or applications developed by a third party. If you use any Third Party Services, you understand that:
Third Party Services are not controlled by Adaptive Coaching.
Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
Some Third Party Services may request or require access to your data, for example, via a pixel or cookie. If you use the Third Party Service or grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
Changes
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Aadaptive Coaching, or by the posting by Adaptive Coaching of a revised version. If we make changes that are material, we will let you know by sending you an email before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your Adaptive Coaching account, you may simply discontinue using our Services at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is”. Adaptive Coaching and its suppliers hereby disclaim all warranties of any kind, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Adaptive Coaching, nor its suppliers, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of New South Wales, Australia. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Sydney, New South Wales, Australia.
Limitation of Liability
In no event will Adaptive Coaching, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) or for interruption of use or loss or corruption of data. Adaptive Coaching shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification
You agree to indemnify and hold harmless Adaptive Coaching, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including solicitors’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement.
Miscellaneous
The Agreement constitutes the entire agreement between Adaptive Coaching and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Adaptive Coaching may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Document last updated: December 2019
This document is made available under the terms of the Creative Commons Attribution-ShareAlike 4.0 International Public License. This document is a modified version of a similar document made available by Automattic Inc. at their Legalmattic website.