Website Terms and Conditions
Thank you for visiting this website. Please read the following information regarding the terms and conditions to which apply to you visiting the Core Performance Pty Ltd’s website.
- Own Risk of Website Use
Any content, materials, information downloaded or otherwise obtained (“accessed”) through www.core-performance.com.au (“website”, “service”) is done at your own discretion and risk. Core Performance Pty Ltd shall have no responsibility for any damage to your computer system or loss of data that results from such access. Every effort is made to keep the website up and running smoothly. However, Core Performance Pty Ltd takes no responsibility for, and will not be liable for, the website being unavailable for any reason. Core Performance Pty Ltd reserves the right to make changes or updates to the website at any time without notice. This website provides information, not advice. Provided you comply with these terms and conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.
- Personal Responsibility
Core Performance Pty Ltd aims to accurately represent the information provided on this website. You acknowledge that you are voluntarily accessing the Core Performance Pty Ltd website, and you alone are solely and personally responsible for your choices, actions, and results. You acknowledge that you take full responsibility for your health, life, and well-being, as well as the health, lives, and well-being of those you are responsible to (where applicable), for all decisions now and in the future.
- Disclosure of Personal Information
Core Performance Pty Ltd does not sell or disclose information that identifies clients personally, or which allows for any third parties to contact clients directly, without its client’s consent unless compelled to do so by law. Or, in certain situations to ensure conformance with laws, and in the case of an emergency.
The EXCEPTIONS to confidentiality include, but are not limited to, the following:
(1) Core Performance Pty Ltd determines that the coaching client is a threat to himself or herself, or another person;
(2) there is suspected abuse or neglect of a child, an elderly or disabled person;
(3) the coaching client is threatening to commit a crime;
(4) there is a medical emergency; or
(5) through a court order to disclose the coaching client’s records.
- Medical Disclaimer
All information and results stated in this website, in coaching sessions, workshops, and consulting are for educational and informational purposes only, to help the client(s) to pursue his/her goals in a healthy and professional manner. Coaching is NOT a substitute for treatment by medical, or related professionals.
- General Advice Disclaimer
Coaching, workshops, consulting, and this website are no substitute for advice and/or representation from professionals for legal, financial, tax, personnel, personal, religious, or spiritual counselling. Any decisions you make, and the consequences thereof, are your own. Under no circumstances can you hold Core Performance Pty Ltd and/or its coaches liable for any actions that you take. You agree not to hold Core Performance Pty Ltd. and/or its coaches liable for any loss or cost incurred by you, or any person related or associated with you, as a result of materials, techniques, coaching, workshops, or consulting offered by Core Performance Pty Ltd.
- Liability Disclaimer
Core Performance Pty Ltd and/or its coaches do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents or otherwise, affiliated with Core Performance Pty Ltd., &/or Simon Pietsch.
- Guarantee Disclaimer
Every effort has been made to accurately represent Core Performance Pty Ltd’s program and its potential. The testimonials and examples used are exceptional results, and do not necessarily apply to the average coaching client, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Everyone’s success depends on his or her background, dedication, desire, and motivation.
- Copyright and Trademark
Core Performance Pty Ltd. business name, logos, slogans, taglines, and other related marks belong to Core Performance Pty Ltd and may not be used without permission.
- Changes of Terms
Core Performance Pty Ltd reserves the right to change these terms and conditions as needed without providing notice to anyone. Users are responsible for regularly reviewing these terms and conditions.
- Implicit Agreement
By using the Core Performance Pty Ltd.’s website, you implicitly signify your agreement to all parts of the above Disclaimer.
TERMS & CONDITIONS FOR USE OF CORE PERFORMANCE PTY LTD SERVICES/PRODUCTS
The purchaser of any product through Core Performance Pty Ltd and/or its associates assumes all of the risks including, Core Performance Pty Ltd will not cover any risk, loss, cost or expense. Where any past results or performance are given, no one can predict future results and past results are not indicative of future performance. The purchaser understands that they have not received any personal financial advice nor have they specifically been advised to invest in any product. No-one is able to provide legitimate or reliable predictions or indications as to the future performance that may be obtained from any Core Performance Pty Ltd product or service. Everyone is advised herein to seek whatever professional advice they may require before relying on any information provided or purchasing any Core Performance Pty Ltd product.
Pursuant to the National Privacy Principles under the Privacy Act 1988 (Cth) we will use and disclose personal information for the primary purpose for which it was collected. We may use your information to perform credit checks on you and for the purpose of assisting in collecting overdue payments. We may also disclose your information to third parties such as to a Credit Reporting Agency that assist us in collecting overdue payments.
- Default & Consequences of Default
1.1 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt including legal costs of a solicitor and own client basis and the Seller’s collection agency costs (such costs will include 25-40% of the total debt outsourced to the collection agency).
1.2 Without prejudice to any other remedies Core Performance Pty Ltd may have, if at any time you are in breach of any obligation (including those relating to payment), Core Performance Pty Ltd may suspend or terminate the supply of products to you and any of its other obligations under the terms and conditions. Core Performance Pty Ltd will not be liable to you for any loss or damage you suffer because Core Performance Pty Ltd has exercised its rights under this clause.
1.3 Without prejudice to Core Performance Pty Ltd other remedies at law, Core Performance Pty Ltd shall be entitled to cancel all or any part of any order of yours which remains unfulfilled and all amounts owing Core Performance Pty Ltd shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Core Performance Pty Ltd becomes overdue, or in Core Performance Ltd Pty opinion you will be unable to meet its payments as they fall due; or (b) you being an individual become bankrupt, convene a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of your creditors or being a company become insolvent, convene a meeting with its creditors or makes an assignment for the benefit of your creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any asset of yours.
1.4 A dishonour fee of $30 is applicable for every attempt made by Core Performance Pty Ltd to collect funds due, when a total monthly payment or any other amount due under your contract is unable to be processed (this includes but is not limited to, defaults on a payment due to insufficient funds in your nominated bank account, a declined credit card transaction or for those customers who default in their direct debit payments).
1.5 A payment deferral fee of $35 is applicable, where Core Performance Pty Ltd agrees to defer a total monthly payment or any other amount due under the agreement upon written request from a client.
1.6 Dishonour fees are payable immediately upon the dishonour. A payment deferral fee is payable at the same time as the deferred payment is due.
- Permission to Use Testimonials
If a Member provides a testimonial about Core Performance Pty Ltd or one of our Speakers, Core Performance Pty Ltd may use the testimonial, in part or whole, to promote Core Performance Pty Ltd or the Speaker in any format or medium at any time.
- Refund Policy
3.1 Programs purchased at Core Performance Pty Ltd come with a 5 day cooling off period from date of purchase, (5 day cooling off period includes weekends and public holidays) and is subject to an administration fee, outlined in clause 3.2.
3.2 Core Performance Pty Ltd will charge an administration fee of $100.00. A full refund, less a $100 administration fee, will be given to candidates who cancel/withdraw their enrolment in writing, within 5 days of enrolment. The enrolment date is created when the candidate’s payment information is verified with administration. No refunds will be given after 5 days of the date of enrolment, however rescheduling of services will be allowed up to 24hrs before the booked time. No refund will be given if cancelling a scheduled service within 24 hours of the scheduled time. In circumstances where a student has entered into a student loan for the payment of course fees and withdraws from the course after 5 days of the date of enrolment, the student will be liable for all payments due under the agreed student loan.
3.3 If your refund request is valid and approved, refunds or alternatively a product credit will be issued at our discretion.
3.4 If a specific refund policy applies to your product you must abide by all the terms and conditions stated, otherwise you may lose your right to a refund.
3.5 If you purchase a program and apply for a refund any future program purchases become non refundable regardless of the refund period. NB. All prices quoted are in AUD (Australian Dollars).
- Privacy Act 1988
4.1 You and/or the Guarantor/s agree for Core Performance Pty Ltd to obtain from a credit reporting agency a credit report containing personal credit information about you and Guarantor/s in relation to credit provided by Core Performance Pty Ltd.
4.2 You and/or the Guarantor/s agree that Core Performance Pty Ltd may exchange information about you and the Guarantor/s with those credit providers either named as trade referees by you or named in a consumer credit report issued by a credit reporting agency for the following purposes: (a) to assess an application by you; and/or (b) to notify other credit providers of a default by you; and/or (c) to exchange information with other credit providers as to the status of this credit account, where you are in default with other credit providers; and/or
(d) to assess the credit worthiness of you and/or Guarantor/s.
4.3 You consent to Core Performance Pty Ltd being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
4.4 You agree that personal credit information provided may be used and retained by Core Performance Pty Ltd for the following purposes and for other purposes as shall be agreed between you and Core Performance Pty Ltd or required by law from time to time:
(a) provision of products; and/or (b) marketing of Goods by the Seller, its agents or distributors in relation to the Goods; and/or (c) analysing, verifying and/or checking your credit, payment and/ or status in relation to provision of products; and/or (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by you; and/or (e) enabling the daily operation of your account and/or the collection of amounts outstanding in your account in relation to the products.
4.5 Core Performance Pty Ltd may give information about you to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about you; and/or (b) allow the credit reporting agency to create or maintain a credit information file containing information about you.
4.6 The personal information on this form is being collected by or on behalf of Core Performance (ACN 659006934) (CORE PERFORMANCE PTY LTD) to register you in our program and to facilitate the conduct of that program.
4.7 Your personal information may be disclosed to other participants during the workshops (for example through the Strength Deployment Inventory results).
4.8 By signing this form, you acknowledge that the Workshops may be recorded by Core Performance Pty Ltd using various media and that Core Performance Pty Ltd may sell or give away videos, audio cassettes, photographs and transcripts of the workshop, and use them in its marketing, publicity and advertising programs (both in Australia and overseas). If you would like to access the personal information that Core Performance Pty Ltd holds about you, please contact us. We will generally provide you with access to your personal information (although a fee may be imposed). If you provide information about other individuals on this Registration Form (e.g. referrals), please let those individuals know that you have done so.
- General Advice Warning
5.1 Coaching, seminars/workshops, and consulting are no substitute for advice and/or representation from professionals for legal, financial, tax, personnel, personal, religious, or spiritual counselling. Any decisions you make, and the consequences thereof, are your own. Under no circumstances can you hold Core Performance Pty Ltd and/or its coaches liable for any actions that you take. You agree not to hold Core Performance Pty Ltd. and/or its coaches liable for any loss or cost incurred by you, or any person related or associated with you, as a result of materials, techniques, coaching, workshops, or consulting offered by Core Performance Pty Ltd.
5.2 Attendees/clients should not act on the basis of any information provided at the seminars/workshops/coaching sessions or in the slide presentations and should seek advice for their specific circumstances. The contents of any products have been prepared without taking account of your objectives, financial situation or needs. Because of that you should, before taking any action to acquire any of the educational products mentioned, consider whether the product is appropriate having regard to your own objectives, financial situation and needs. You should obtain your own independent advice relating to the relevant product mentioned (which contains full details of the terms and conditions of the relevant educational product) and consider it before making any decision about whether to acquire the educational product.
6.1 This material is made available on the understanding that Core Performance Pty Ltd is not engaged in providing any financial or medical advice.
6.2 Information on this product is maintained by the people and organisations it relates to. Before relying on the material, users should independently verify its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice.
6.3 The material may include views or recommendations of third parties, which do not necessarily reflect the views Core Performance Pty Ltd or indicate its commitment to a particular course of action.
6.4 Links to other websites/products are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service.
6.5 The listing of a person or company in any part of this product in no way implies any form of endorsement by Core Performance Pty Ltd of the products or services provided by that person or company.
6.6 To the extent permitted by law, Core Performance Pty Ltd and its respective directors, officers, employees, contractors and agents disclaim all responsibility to you for any loss, liability, claim, expense (including but not limited to legal costs and defense or settlement costs) or damage whatsoever, whether consequential, special, incidental or indirect (including but not limited to loss of profits, trading losses and damages that result from delay, loss or inconvenience) arising out of or in connection with the Content on the product and/ or any omissions from the Content whether in contract, tort (including negligence), statute or otherwise and even if Core Performance Pty Ltd has been advised of the possibility of such damage or loss.
7.1 Nothing contained in this agreement excludes, restricts or modifies any rights you have under the Trade Practices Act and Fair Trading Laws, which cannot be lawfully excluded or limited. For example, your rights include an assurance from us that any services provided are provided with due care and skill and that any materials supplied in connection with those services are reasonably fit for their purpose and that any goods supplied are of merchantable quality. Other than as referred to above or expressly stated in this agreement, Core Performance Pty Ltd does not make any promises or warranties, whether express or implied, about the services or any of our products.
7.2 Subject to clause 7.1 above, in the event that Core Performance Pty Ltd and its respective directors, officers, employees, contractors and agents are liable to any client, seminar attendee, or his/her employer then Core Performance Pty Ltd and its respective directors, officers, employees, contractors and agent’s total liability whatsoever (including in negligence) is limited to a maximum amount of $200 in respect of each such attendee, Member and purchaser.
- Intellectual Property
You acknowledge and agree that materials provided to you contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by Core Performance Pty Ltd, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the materials, in whole or in part.
- Legally Binding
This is a legally binding contract. By signing, you acknowledge that you have read, accepted and agreed to be bound by these terms and conditions.
- Variation of terms
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
- Entire Agreement
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof.
- Governing law
The agreement shall be governed and construed in all respects in accordance with the laws of South Australia.
All workshops, consulting, and coaching sessions are subject to change – Please check with your advisor closer to event date. In the event the participant needs to cancel and or change dates of their attendance to an event or workshop – An additional fee will be applicable. Fees, terms and conditions may vary from training to training. Refer to Clause 3.1. 3.2, 3.3, 3.4, 3.5.
Email: [email protected]