1.1 In these Conditions the following expressions shall have the following meanings:
“the Company” means Elevate Education South Africa Pty Ltd (Registered Company No. 2014/087906/10)
“The Coach” means the person provided by the Company, to provide Services to the Client.
“the Client” means the person, firm or corporation with whom the Company contracts for the provision of Services, to be differentiated from the “the Student”.
“the Student” means the person receiving the Services provided by the Company.
“the Services” means the delivery of any coaching session specified in the booking confirmation issued by the Company or any other services provided by the Company to the Client or the Student.
“Booking” means a confirmed booking following initial payment of charges and fees by the Client with the Company for the Company to provide Goods and/or Services to the Client or the Student.
“the Goods” mean all material (whether in electronic or hard copy format) including all manuals, journals, books, notes, scripts, programs, recordings, sound, video, music, graphics and images in relation to the Services provided by the Company to the Client or the Student.
“the Contract” means the contract for the provision of Services between the Company and the Client incorporating these Conditions arising from the Company’s acceptance of the Client’s Booking.
The singular shall include the plural and vice versa.
Headings to these Conditions are for convenience only and inserted for ease of reference and shall not affect their construction.
2.1 A binding contract shall come into effect upon the earliest of any of the following namely:
a)any commencement of the Services; or
b)receipt of the Company’s written acceptance of a booking by the Client; or
c)receipt of payment from or on behalf of the Client by the Company for Services to be provided to the Client.
2.2 These Conditions are the only conditions upon which the Company transacts Business and shall be incorporated in the Contract to the exclusion of all other terms and conditions including any terms or conditions specified or referred to in any order placed by the Client. No variation of these Conditions shall have effect unless it is agreed to by the Company in a document signed by a director of the Company and issued to the Client.
- Fees and Charges
3.1 The Company will provide you with a direct link to purchase an agreed number of coaching sessions associated with a coaching package. By completing your purchase, you authorize Elevate Coaching to charge you initially and every 4 weeks in advance or some other recurring interval disclosed to you prior to purchase until the agreed number of sessions for the coaching package have been paid for.
3.2 If we cannot charge your payment method for any reason (such as expiration or insufficient funds) and you have not cancelled your coaching package, you remain responsible for any uncollected amounts and we will attempt to charge your payment method if it is updated. We reserve the right to cancel your coaching package if we are unable to successfully charge your payment method.
- Other requirements
4.1 The Company’s services are to be provided at the residential address of the Client.
4.2 Where the Company’s services are provided in person, the Company requires that the Client be present at the residential address for all coaching sessions. If a coach becomes aware that the parent is not or will not be present at the residential address during the coaching session, the coach will leave the premises and the session will be deemed as cancelled and the client may not be entitled to refund of any previous payment made.
4.3 In circumstances where a coach arrives at the coaching premises and the parent is not present, the coach will wait for the duration of 15 minutes for the parent to arrive. Once this duration has past, the coach will leave the premises and the session will be deemed as cancelled and the client may not be entitled to refund of any previous payment made.
4.4 The coaching sessions are required to be conducted in a public space in the home or if privately in a room, the door must be left open at all times.
4.5 Where the Company’s services are provided digitally via Zoom, the Company requires that the client access the meeting at the pre-determined start time as per the booking confirmation. In circumstances where a coach starts the meeting and the client is not present, the coach will wait for the duration of 15 minutes for the client to log in. Once this duration has past, the coach will close the meeting and the session will be deemed as cancelled and the client may not be entitled to refund of any previous payment made.
4.6 In circumstances where a coach is unable to begin the session at the pre-determined start time as per the booking confirmation, the coach will still finish the session at the pre-determined finish time, which is 60 minutes past the pre-determined start time as per the booking confirmation. The client may not be entitled to a refund or reschedule on any lost time.
- Bookings, cancellations, alterations and reschedules
5.1 Prior to the first paid coaching session, the Head of Coaching will finalise dates in consultation with the Client, for all subsequent coaching sessions that the Client has booked.
5.2 The Client shall not be entitled to cancel a Booking (or any part of a Booking) and seek any refund of monies paid in advance in respect of a Booking which has been accepted by the Company except upon prior written agreement by the Company and upon such terms as will indemnify the Company for all costs, charges, expenses, damage or loss (including without limitation loss or profit) incurred by the Client in respect of each such Booking. The Company is not bound to agree to any such cancellation notwithstanding any purported cancellation from the Client.
5.3 The Client may be entitled to seek refund of monies paid in advance in respect to a booking that they are not satisfied with in accordance with our 2-Session Money Back Guarantee, which is offered under these Terms and Conditions. To claim the offer, you must:
a)Have completed no more than 2 hours of the coaching program specified in the booking confirmation.
b)Contact us by phone on 021 140 0803
c)Provide us with your name, purchase details and the reason you’re claiming the offer.
5.4 The Client is entitled to reschedule a total of one coaching session with 24 hours’ notice to the Company. Further reschedules are only accepted if the Student is unable to attend the coaching session for the reason of illness or any other unforeseeable situation permitted by the Company. If required by the Company, the Client must provide the Company with a medical certificate of the Student or any other document as the Company considers necessary.
5.5 If the client fails to reschedule the coaching session in accordance with the requirements set out in clause 5.4, the booking will be deemed as being cancelled and the client may not be entitled to refund of any previous payment made.
5.6 If, after the commencement of an in-person booking at the client’s residential address, circumstances arise that make it unsafe or unreasonable for us to continue to deliver the service in the in-person format at that address (including but not limited to client relocation, health concerns and government recommendations), the client will not be entitled to seek refund of monies paid in advance. Instead, the client will be offered the opportunity to either;
a) Move their booking online where all remaining sessions would be conducted via Zoom or;
b)Reschedule their booking for a period of up to 6 months or until a point where it is deemed to be safe and reasonable to continue the sessions in person.
5.7 Where the client makes the decision to either reschedule or move their booking online (as per section 5.6) the price will remain fixed at the rate agreed upon during the initial transaction and they will not be entitled to any partial refund of monies paid in advance.
5.8 Recording of Digital Sessions:
- The Company may, at its discretion, record digital sessions for various purposes, including but not limited to record-keeping, quality assurance, training, and internal review.
- All digital sessions, including any audio, video, and chat interactions, may be recorded in their entirety.
- Participant Consent: By participating in a digital session, the Participant grants the Company the irrevocable right and permission to record their participation in the session.
- The Participant acknowledges that their participation in the session constitutes their consent to being recorded.
- Requests for Access to Recordings: Participants may request access to their own recorded sessions for personal review or reference purposes by submitting a written request to the Company.
- Non-Sharing Agreement: The Participant agrees not to share, upload, publish, distribute, or otherwise make available any recordings of digital sessions to any third party, including but not limited to social media platforms, websites, forums, or other online or offline channels.
- Limitation and Exclusion of Liability
6.1 To the full extent permitted by law, all guarantees, warranties, representations, promises, conditions or statements regarding the Goods and/or Services, whether express or implied, and whether statutory or otherwise (including without limiting generality, guarantees, warranties, representations, promises, conditions and statements as to merchantability, suitability or fitness for any purpose, profitability or any other attributes or consequences of or benefits to be obtained from or in the course of using such services) are excluded except as otherwise expressly provided for in these Terms and Conditions.
6.2 The Company’s liability in respect of a breach of any statutory guarantee, warranty, condition or other term is limited to the provisions set out in clause 6.3 below.
6.3 To the full extent permitted by law, the Company’s liability for breach of any guarantee, warranty or other obligation, is limited, at the option of the Company, to any one or more of the following:
6.3.1 In so far as the liability relates to Goods:
a)the replacement of the relevant goods or the supply of equivalent goods;
b)the repair of such goods;
c)the payment of the cost to replacing the goods or acq uiring equivalent goods; and
d)the payment of the cost of having the goods repaired.