Definitions & Interpretation (Pre-Publish-13Oct20)

Contents

Related Documents

Archived Documents

1. Related Documents

The following definitions and interpretations are incorporated into our Agreement with the Client and also our Terms if Use that apply to every User, and are used in our Terms & Conditions (Draft-12Oct20), Privacy Policy (Pre-Publish-13Oct20), our Terms of Use (Pre-Publish-13Oct20), and the relevant Quote.

2. Interpretation

The rules of interpretation set out in the Acts Interpretation Act 1901 (Cth) will apply to the Agreement as though it were an instrument to which that Act applies.
Unless expressed to the contrary, in this Agreement: words in the singular include the plural and vice versa; if a word or phrase is defined its other grammatical forms have corresponding meanings; “includes” means includes without limitation; no rule of construction will apply to a clause to the disadvantage of a Party merely because that Party put forward the clause or would otherwise benefit from it; a reference to a person includes a partnership, joint venture, unincorporated association or corporation; a person includes the person’s legal personal representatives, successors, assigns and persons substituted by novation; any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced; an obligation includes a warranty or representation and a reference to a failure to comply with an obligation includes a breach of warranty or representation; and “$”, “dollars” or “AUD” is a reference to the lawful currency of the Commonwealth of Australia.

2. Definitions

In the Related Documents the following words have the meanings given here:

“Account” means the formal arrangement by which a Client, User person, corporation or entity accesses our technology Platform.
“Agreement” means collectively our Terms & Conditions (Draft-12Oct20), Privacy Policy (Pre-Publish-13Oct20), our Terms of Use (Pre-Publish-13Oct20), these Definitions & Interpretation (Pre-Publish-13Oct20) and the relevant Quote, taken together.
“API” means an application programming interface.
“Application” means the web- or mobile-based application/s we make available to the Client and User/s subject to the licence provided by this Agreement.
“Client” means the person, corporation or entity named as the Client in the Quote, and includes all Users, employees, agents, principals, and other persons for whom this Agreement makes the Client responsible or liable. < In Quote Schedule 🗂>
“Coachee” means an individual person who participates in a coaching program or session.
"Program Expiry Date" means < In Quote Schedule 🗂>
"Fees" means any payment, or part of, that the Client has agreed to pay for the Services set out in the Quote and in the Terms & Conditions (Draft-12Oct20), and includes the Subscription Fees. < In Quote Schedule 🗂> Including Travel Credit card etc
“Effective Date” means the date, which is the earlier of (a) the date designated as such in the first Quote where you indicate your acceptance of this Agreement, or (b) the Client or User's initial access to any of our Services, through any online provisioning, Account creation, registration or order process. < In Quote Schedule 🗂>
"Consultants", Trainers", "Facilitators" or "Coach" means any person engaged by us to deliver our Services.
“Copyright Material” means material subject to copyright by operation of the Copyright Act 1968 (Cth).