Terms & Conditions
Last updated: June 30th 2024
Welcome!
Emmaline Fawcett welcomes you
We invite you to access and use our website & services under these Terms and
Conditions.
By accessing or using our material you hereby agree to be bound by the Terms and Conditions
incorporated herein and to our Disclaimers and Privacy Policy. If you do not expressly agree to all of
the Terms and Conditions, then please do not access or use our site.
Last update: July 27, 2020.
The material appearing on this website www.emmalinefawcettcoaching.com or any related sits (hereinafter: the “Site”), is provided as either information about Emmaline Fawcett Coaching mentoring & consulting self-promotion, blog and/or services. The owner of this and its directors, agents, employees and affiliates
assume no responsibility or liability for any consequence resulting directly or indirectly from any
action or inaction you take based on the information found on or material linked to on this site.
To access or use our Website, you must be 18 years or older and have the requisite mental capacity
to enter into these Terms & Conditions. By using this Site you represent that you are at least 18 years
old and agree to be bound by these Terms and Conditions.
1. ACCEPTANCE OF TERMS: The following Terms and Conditions Agreement (hereinafter: “TOC”) is a
legally binding agreement that shall govern the relationship with our users and others which may
interact or interface with the Company, our Site (www.emmalinefawcettcoaching.com), and our subsidiaries and
affiliates. Your access to and use of this Site signifies your acceptance and agreement of the Terms
and Conditions.
2. LANGUAGE: The following terminology applies to these Terms and Conditions, Privacy Policy and
Disclaimer Notice: “Client”, “You” and “Your” refers to you, the person using this website. “The
Company”, “Ourselves”, “We”, “Our” and “Us”, refers Emmaline Fawcett. “Party”, “Parties”, or
“Us”, refers to both the Client and ourselves. Any use of the above terminology or other words in the
singular, plural, capitalisation, and or he/she/they, are taken as interchangeable and therefore
referring to the same.
3. FOR INFORMATIONAL PURPOSES ONLY: Any and all information by or on this Site is provided for
promotional or informational purposes only and is not to be relied upon as a professional opinion
whatsoever. This includes all digital content, including but not exhaustive of, email, blog, podcasts,
events, any and all social media (inclusive of: Facebook and Instagram), webinars and other content
whether or not they are available for purchase, as resources or education and information only. All
content mentioned does not constitute professional advice and is not guaranteed to be accurate,
complete, reliable, current or error-free. By using this Site, you accept and agree that following any
information or recommendations provided therein and all channels of digital content is at your own
risk.
4. COPYRIGHT: All materials created by the Company on the Site are protected by Australian
copyright laws as original works. The absence of a registered copyright symbol does not mean that
such materials are not protected as belonging to the Company
5. LICENSE OF INTELLECTUAL PROPERTY: Unless otherwise stated, the Company and/or its licensors
own the property rights for all material on Site, and in any Digital Products sold or downloaded
through the site, as well on accompanying Social Media Platforms, inclusive of but not exhaustive of,
Instagram, Facebook (private pages and groups), TikTok, YouTube, LinkedIn and Pinterest. All
intellectual property rights are reserved. If we have materials on the Site that you can download,
permission is granted to download copies of the materials for personal, non-commercial transitory
viewing only.
This is the grant of a license, not a transfer of title. Under this license access the Site for personal use,
but you may not:
(i) Modify, copy, republish, reproduce, or redistribute the materials;
(ii) Use the materials for any commercial purpose, including but not limited to: sell, rent, sub-license,
or use for any public display (commercial or non-commercial);
(iii) Transfer the materials to another person or ‘mirror’ the materials on any other server.
If such behaviour is discovered or suspected, this license shall automatically terminate if you violate
any of these restrictions and may be terminated by the Company at any time. The Company reserves
the right to immediately revoke your access to our Site, as well as any programs or materials you
may have purchased, without refund, and reserve the right to prosecute any actionable infringement
or misuse to the full extent of the law. Upon terminating your viewing of these materials or upon
termination of this license, you must destroy any downloaded materials in your possession whether
in electronic or printed format.
The Company further reserves the right to request that you remove all links or any particular link to
our Site. You accept to immediately remove all links upon request.
Any requests for written permission to use any content posted on this Site shall be made before you
wish to use any such content and may be made by sending an email with your written request to:
team@emmalinefawcett.com
6. LIMITED LICENSE TO YOU FOR USE OF PRODUCTS OR DOWNLOADS: The Use understands that in
purchasing any Program on this Site, or downloading and accessing any material on this Site, that the
User is gaining access to view all content and information available as part of the material provided
for by the Site, as well as any additional information or content shared with them by the Company.
The User understands this means they will have been granted a limited, revocable, non-transferable
license to read and use the information provided for use in their business and life, as instructed or
allowed by the Company. As a “Licensee,” the User understands and agrees that the User will not: (i)
Copy, edit, distribute, duplicate or steal any information or any Content obtained through any
Program on this Site, or downloaded without written permission by the Company; (ii) Post,
distribute, copy, steal or otherwise use any portion of the Program on this Site, or downloaded, or its
content without written permission by the Company, and understand that any such use may
constitute infringement, which may give rise to a cause of action against the User; (iii) Share
purchased materials, information, content with others who have not purchased them; and (iv) the
User further acknowledges and understands that any such actions including but not limited to those
outlined above will likely constitute infringement and/or theft of our work, and a violation of this
Agreement and Australian law.
Any requests for written permission to use any content posted on this Site shall be made before you
wish to use any such content and may be made by sending an email with your written request to:
team@emmalinefawcett.com
7. LINK TO THIRD PARTY WEBSITES: This Site may contain links to third party websites and/or
resources, which are not maintained by or related to us. All such linked sites, materials and pages are
not under the control of the Company and the Company is not responsible for the content contained
in any linked websites nor for any losses or damages you may incur as a result of the use of any such
website. You acknowledge and agree that the Company is not responsible for the availability of such
links, resources and content, and does not endorse, and is not responsible or liable for, any content,
advertising, products, services, or other materials made available to or from these linked websites.
You understand that the Company accepts no liability, directly or indirectly, for any errors, damages,
or omissions contained in third party websites. The intended purposes of the links provided are to
improve your use of the Site, to enable you to connect with the Company on various platforms, and
to help the Company offer their services and conduct transactions.
8. SOCIAL MEDIA GUIDELINES: The Terms and Conditions of this Site extend to the use of Social
Media Platforms, inclusive of but exhaustive of, Instagram, Facebook (private pages and groups),
TikTok, YouTube, LinkedIn and Pinterest and any and all reviews or comments regarding your use of
the Services, Program or Information on Site. The Company requests you follow and adhere to the
following guidelines:
(1) The Company reserves the right to remove, block and/or delete any comments that may be
construed as bullying, name-calling, foul language, or contrary to the Sites intended conversation of
positivity, education and encouragement.
(2) By using any and all Social Media platforms, you verify that all information submitted is accurate
and factual. Negative comments and/or complaints posted by you may be construed as claims about
the Company and may be subject to legal claims.
(3) You further agree to privately contact the Company with any concerns or suggestions prior to,
and in replace of, posting publicly.
9. FEEDBACK, COMMENTS AND TESTIMONIALS: With your prior permission, you agree that the
Company has the right to use your feedback whether in the form of emails, submissions, surveys,
comments, discussions on the Services and/or Product-related forums, calls, or otherwise, for the
purpose of marketing or promoting the Company, services and/or products. You understand that any
comments posted on this Site or on our Social Media Channels reflect the views and opinions of the
person who post their views and opinions and not of the Company. The Company reserves the right
to comment, delete and or edit any comments posts on this Site or on our Social Media Channels.
10. SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED: You understand that any
information you provide or share with us directly or indirectly, by use of this Site will not be treated
as confidential or privileged. Also, any expressed opinion by another user is his or her own and
should not be considered as reflecting the opinion of the Company.
11. PURCHASE POLICY: All products, services, offers & sales entered into by you are 100% non-refundable.
Under no circumstance be it personally, financial or professional will you be granted a refund or partial refund.
If you purchase a Program, Product or Service from us, you may also enter
one or more separate agreements with the Emmaline Fawcett and will be subject to the terms outlined in the
Terms and Conditions and any accompanying agreements (that may include a Terms of Purchase or
Private Client Agreement). You agree to be bound by all agreements and abide by the contents
therein. All private coaching packages require a signature of an additional Agreement outlining the
terms and guidelines. All Digital Products or Products sold on or through this Site will be subject to
the Terms and Conditions and Terms of Purchase. However, all sales & purchases are 100% non-refundable.
Upon purchasing any product, service or offer you agree any disputes for refund or partial refund will not be granted under any circumstances. Any and all references made as to client results are not a measure or suggestion of your own financial
outcomes & therefore enter into the purchase without predjudice to your outcomes or suggested financial outcomes.
12. RESULTS ARE NOT GUARANTEED: The Company may share the successful results of the Coaching
Program and or Services offered, its users, or customers on the services or products. These examples
are not to be interpreted as a promise or a guarantee, verbally or in writing, regarding your results,
future earnings, business profit, marketing performance, audience growth, or results of any kind. By
accessing the Site, and or use of the Services and Products offered herein, you accept, agree and
understand that you are fully responsible for your progress and results from your participation. We
do not guarantee that you will get any results using any of our ideas, tools, strategies or
recommendations, and nothing on the Site, social media, marketing material, conversation or in the use of the Services and Products offered herein, is a promise, warranty or guarantee to you of such results.
13. TESTIMONIALS: The Site and extended Social Media Platforms may feature the testimonials from
previous Clients and/ or Customers of our products, packages and services. These are intended to
provide readers with comments, feedback and information from other’s experiences with our
products, packages and services. All testimonials are from actual clients, sharing their real, honest
opinions and results from use of the Site, products, packages and services. These testimonials are not
to be considered as a guarantee for all Users to expect the same or similar results. Nor do these
testimonials guarantee any level of results. The User accepts that by viewing the selected
testimonials that the User does not expect the same results, and accepts that results will vary on a
case by case basis.
14. MODIFICATIONS AND CHANGES: The Company reserves the right, at our sole discretion, to
modify, replace or revise these Terms and Conditions for this Site at any time and without notice.
What constitutes a material change will be determined at our sole discretion. By continuing to
access or use our Site after those revisions become effective, you agree to be bound by the revised
terms. If you do not agree to the new terms, please stop accessing our Site. The Company further
reserves the rights to modify, suspend or discontinue, whether temporarily or permanently, the
services (or any part thereof) or products, for any reason without notice.
15. DISCLAIMER: To the fullest extent permitted by applicable law, all information, products,
packages or services provided through this Site are provided “as is” and “as available”, without
warranty or conditions of any kind. We cannot guarantee and do not promise any specific results
from use of the Site and any products or services promoted and sold therein. No advice or
information, whether oral or written, obtained by you from us shall create any warranty not
expressly stated in these Terms and Conditions.
The User accepts that use of this Site will be at their sole risk. To the fullest extent permitted by law,
the Company, and it’s advertisers, licensors, suppliers, officers, directors, investors, managers,
members, partners, affiliates, employees, agents, service providers, and contractors disclaim all
warranties, expressed or implied, in connection with your use of the Site, programs, packages or
services.
Further, to the fullest extent permitted by applicable law, the Company makes no warranties or
representations about the accuracy, reliability, timeliness or completeness of the Site’s content, the
content on any Site linked, or information or any other items or materials on the Site or linked to by
the Site.
Further, you understand and acknowledge that the Company is not a doctor, lawyer, therapist,
psychic, accountant, nurse, counsellor or any other medical professional. Nothing on this Site, or in
its programs, packages or Services, is intended to take the place of a consultation with any
professional or as professional advice.
16. LIMITATION OF LIABILITY: In no event shall Emmaline Fawcett or its affiliates be liable for any
damages (including, without limitation, damages for loss of data or profit, or due to business
interruption,) modification, interruption, suspension or discontinuance arising out of the use or
inability to view or use the materials or content on Site, even if the Company has been notified orally
or in writing of the possibility of such damage.
The Company shall not be held responsible for any content that appears on your Website. You agree
to protect and defend the Company against all claims that may be interpreted as: libelous, obscene
or criminal, or which infringes, otherwise violates or advocates the infringement or other violation
of, any third-party rights.
Your decision to visit our website, use information contained herein, and purchase products we offer
is purely voluntary, and you understand we are not responsible or liable for any harm or damage to
you or your business resulting from direct or indirect use of materials or content contained on our
Site. You agree to hold the Company harmless from any damages directly or indirectly resulting from
your use of Content or products/services on our Site or distributed through email, and agree you will
not make any claims against us the Company herein.
17. INDEMNITY: As a condition of your use of the Site, you hereby release the Company and its
directors and affiliates from and against any and all liabilities, expenses (which include legal fees) and
damages arising out of claims resulting from or arising from your use of this Site.
18. RELEASE OF CLAIMS: The User releases any right to claims against the Company to the maximum
extent as permissible under applicable law. The User agrees that under no circumstances will the
Company be liable to any party for any type of damages resulting from or claiming to result from any use
of or reliance on our digital products or content found therein, and the User hereby releases the
Company from any and all claims whether known now or discovered in the future.
19. SEVERABILITY: If any provision of the Terms and Conditions shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If
the Court finds that any provision of the Terms and Conditions is invalid or unenforceable, but that
by limiting such provision it would become valid and enforceable, then such provision shall be
deemed to be written, construed, and enforced as so limited.
20. GOVERNING LAW: Any claim relating to the Company Site shall be governed by the laws of the
Province of Ontario without regard to its conflict of law provisions.
21. ENTIRE AGREEMENT: These terms and conditions and any other legal notices, policies and
guidelines of the Company linked to these terms and conditions or contained on this Site constitute
the entire Agreement between you and the Company relating to your use of this Site and supersede
any prior understandings of the parties regarding such subject matter. This Agreement may not be
amended or modified except by the Company.
22. Contact: If you have any questions about these Terms, please contact us at: team@emmalinefawcett.com