Business Coach Terms Of Use

Welcome to Your Small Business Coach (Website), operated by Small Business Growth Solutions Pty Ltd (ABN 45 653 163 734) (“YSBC, we, us”).

1. KEY TERMS
1.1 You means the small business advisor of the Website.
1.2 Lead means a potential business entity or individual that has been provided to you by YSBC.
1.3 Client means a Lead that has been provided to you and has progressed to formally engaging your Services.
1.4 Referral Fee means the payment payable to YSBC for each Lead or Client (the terms of which will be agreed between you and YSBC via email).
1.5 Confidential Information means to all valuable or sensitive data, including trade secrets, inventions, business plans, and proprietary materials, held by a party or its affiliates. This encompasses a Lead or a Client’s Background IP, Project IP, and Project Materials, whether shared visually, orally, in writing, or electronically. It does not include information in the public domain.

2. ACCEPTANCE AND DURATION
2.1 Access to and use of the Business Coach Directory, or any of its associated products and/or services, are provided by YSBC. By registering an account with our Website, you agree to be bound by these terms of use (“Terms”). If you do not accept these Terms, you must cease use of the Website and our products immediately.
2.2 You may not accept the Terms if:
a) you are not a small business coach;
b) you are not of legal age to form a binding contract with YSBC; or
c) you are a person barred from receiving the products and services under the laws of Australia or other countries including the country in which you are reside or from which you use the Website, products or services.
2.3 YSBC reserves the right to review and change any of the Terms at its sole discretion. When YSBC updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Before you continue, we recommend you keep a copy of the Terms for your records.
2.4 For the purposes of these Terms, a Lead or a Client is deemed to have been referred to you by YSBC if:
a) you are engaged by the Lead or Client for business coaching services;
b) the details of the Lead or Client are provided to you by YSBC; and
c) you have not had any prior engagement with the Lead or Client within the past 180 days.

3. SERVICES
3.1 YSBC is a small business coach referral and directory service that connects individuals with business coaches that provide business strategy, planning and advice (the Services).
3.2 You agree and acknowledge that YSBC:
a) do not act as an agent or other representative of you, or any other party, in respect of the Services you provide to the Clients.
b) are not liable for the acts or omissions of third parties that use and access the Services, including but not limited to any third-party providers, Clients; and
c) notwithstanding clauses 3.2(a) and 3.2(b), YSBC may receive commission or payment from third parties.
3.3 By providing the Services, you agree and acknowledge that:
a) you are solely responsible for providing the Services;
b) we do not, at any time, provide any warranties or guarantees regarding the Services;
c) we reserve the right to terminate your access to the Directory at any time at our sole discretion;
d) these Terms do not create a relationship of employment, trust, joint venture, partnership or other relationship of a fiduciary nature between you and us; and
e) YSBC has entered into these Terms in reliance on the acknowledgements, warranties and representations given by you in these Terms.

4. ACCOUNT ESTABLISHMENT
4.1 If you choose to establish a free or featured directory listing, you may be required to provide personal information about yourself, including but not limited to, the following:
a) full name;
b) ABN;
c) email address;
d) telephone number; and
e) a preferred username and password; and
4.2 You agree and acknowledge that:
a) any information you provide to YSBC in the course of establishing an account will always be accurate, correct and up to date;
b) YSBC reserves the right to terminate your account and/or suspend or terminate you from the Directory without notice if you provide misleading, false, deceptive, inaccurate and/or outdated personal information; and
c) access to and use of the Website, Services and Account is non-transferable and limited to you for the purposes of us providing the Services.
4.3 You must not:
a) use the Services, Website or Directory for any illegal and/or unauthorised use;
b) create derivative works of the Services or an application substantially similar or a direct copy of the Services such that confusion may occur as to which the Services are operated by YSBC;
c) resell, distribute, transfer, modify, lease, encumber or export the software associated with the Website or the Services;
d) copy of produce a substantially similar Directory that was provided to you by us; and/or
e) automate the use of the referral service, Directory, Website or Services.

5. REFERRAL ARRANGEMENT AND LEAD SHARING
5.1 You agree to provide written confirmation to YSBC of the engagement between you and the Referred Client.
5.2 You agree that if a Referred Client engages your Services, YSBC is entitled to receive a Referral Fee from you.
5.3 You must pay YSBC the Referral Fee:
a) within seven ( 7) days from the date of engagement by the Client or as otherwise agreed in writing between you and YSBC; and
b) with immediately available funds without set off or deductions; and
5.4 You acknowledge and agree that at the time you make payment of the Referral Fee,
5.5 You agree to promptly respond to any Leads provided to you by YSBC. This includes acknowledging receipt of the lead within 4 hours in writing with YSBC and emailing the Lead as soon as practicable (maximum time for acknowledgment is 24 hours of receipt) of the Lead .
5.6 In the event that the Lead is an existing client of yours, you must provide documentary evidence to YSBC within 48 hours of being provided with the Lead’s details.
5.7 Failure to provide documentary evidence within the required timeframe will deem the referral to be valid, and the Referral Fee will be payable.

6. DIRECTORY LISTINGS AND LEADS
6.1 YSBC do not warrant, guarantee, promise or any way agree the quality or outcome of Leads provided to you.
6.2 YSBC will provide you with relevant information received from the Lead.
6.3 You agree to conduct your own assessment of each Lead and determining its suitability for your services.
6.4 YSBC is under no obligation to continue to refer Leads or Clients to the Business Coach.
Featured Listings
6.5 You have the option to create a free or featured listing in YSBC’s directory.
6.6 YSBC do not warrant, guarantee, promise or any way agree to provide any Leads if you create a featured listing .

7 MARKETING AND PROMOTION
By creating a listing on our directory, you grant YSBC permission to use any text, information, or images uploaded to the YSBC directory for promotional purposes. This includes, but is not limited to, use of such materials in marketing materials, social media posts, and other promotional channels aimed at promoting the YSBC directory to a wider audience.

8. TERMINATION
8.1 Either Party may terminate these Terms by giving the other party five (5) days’ written notice.
8.2 YSBC may terminate these Terms with you if:
a) you have breached any provision of the Terms and fail to remedy it within seven (7) days from receiving written notice from YSBC;
b) YSBC is required to do so by law;
c) you have not paid the Referral Fee;
d) if you have acted:
i. in breach of any law;
ii. in a way that is misleading or deceptive;
iii. in a way which is unreasonable as determined by YSBC at its absolute discretion; or
iv. in a manner which can or does bring YSBC into disrepute or could damage YSBC’s reputation as determined by YSBC at its absolute discretion.

8.3 You must pay to YSBC any Referral Payments within 5 business days following the notice of termination being provided by either Party.
8.4 Where these Terms are terminated in accordance with clause 8.1 of these Terms before the Client has engaged business coaching services, the Referral Fee will not be payable.

9. CONFIDENTIALITY AND PRIVACY
9.1 The Parties agree to use and disclose the Confidential Information of the other party solely to the extent necessary for the performance of the Services in accordance with these Terms.
9.2 The Parties must:
a) not use, and ensure that its employees, officers and agents do not use, any Confidential Information of the other party for any purpose other than compliance with its obligations under these Terms;
b) take all action necessary to maintain the confidential nature of the Confidential Information of the other party; and
c) each party may disclose Confidential Information of the other party if legally compelled to do so by a judicial or administrative body.

10. WARRANTIES, LIABILITY, AND INDEMNITIES
10.1 Each Party warrants that:
a) (a) it has the necessary authority to enter into these Terms and perform its obligations herein;
b) (b) it will act lawfully and in compliance with applicable laws, regulations, industry codes of conduct, and standards in providing and receiving business coaching services;
c) it will conduct business in a manner that reflects favorably on the other Party;
d) it will make no false or misleading representations with respect to the other Party; and
e) if applicable, it is registered for any applicable taxes.
10.2 You agree that YSBC, under these Terms, is providing a referral service only and does not provide any warranty or assurance in relation to the Lead or the Client or the outcome of business coaching services.
10.3 You agree to indemnify YSBC, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any breach of these Terms, any unlawful or negligent act or omission by you.

10.4 This clause will survive termination of these Terms.

11. GENERAL
YSBC reserves the right to modify our Terms at our sole discretion. All modifications will be effective immediately upon our posting of the modifications on this Website.