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Terms and Conditions

These are the terms and conditions that apply to the coaching services offered by Profound Startups (may also be referred to as “Sankar,” “the Coach” "I," "me," or "my").  These terms and conditions are to be read together with any services agreement and any other written agreements between us. These documents together form our entire agreement.  

Please read these terms and conditions carefully, as they outline the rights and responsibilities of both the Coach and the client.  By engaging in coaching services, you agree to be bound by these terms and conditions.  


1.  Coaching Services

1.1. My coaching services may be delivered online, face to face, via telephone, or a mixture of all three. Unless expressly agreed by myself, coaching is done online via Zoom or another similar program.

1.2  You will get the exact hours of your coaching session or package as defined in the order form as coaching sessions.

1.3  I would like to be clear that I am a career coach, and in no way qualified or willing to act as any other professional. I do not provide advice or support outside of my areas of expertise. Specifically, I am not qualified, willing or able to provide support in the form of counseling or therapy.

1.4 The coaching services are designed to assist you in improving interview performance and developing job application documents. I do not guarantee specific job placements, interview outcomes or results.  


2.  Services

2.1  I will provide you 1:1 coaching either online, or via telephone meetings. Unless expressly agreed, meetings are not conducted in-person. face-to-face.

2.2  It is your responsibility to book in a time and date that is suitable to you.  This is done via my calendar booking system.  If you are not able to find a date and time that suit you, it is your responsibility to contact me to request a specific date and time.  Requesting a specific date and time does not guarantee my availability however I will endeavor to work with you to ensure you are able to meet with me in a timely manner.  

2.3  You must use all of your 1:1 sessions before the end of your coaching terms. Any unused sessions will expire at the end of the given term.  

2.4  You agree to give me at least 48 hours’ notice if you need to reschedule a session.  You must reschedule your sessions within your package term, otherwise they will expire at the end of the term. I will attempt in good faith to reschedule a missed session before the end of your program term but cannot guarantee that I will be available.  

2.5  The term of coaching packages is as follows:

1.Coaching sessions, either single sessions or multi-pack sessions, are to be used within 6 months or 26 weeks from the date of purchase. 

 

3.  Client responsibilities

3.1 You agree:

(a) that it is your responsibility to schedule 1:1 coaching sessions,

(b ) that coaching is a partnership and that you are responsible for your own progress and results.

(c) You agree to actively participate in the coaching process, complete assigned tasks, and provide necessary information to facilitate the coaching sessions.

(d) that you are responsible for your own physical, mental and emotional wellbeing when using my programs or the online portal. You understand that you can choose to discontinue using my programs at any time but that will not entitle you to a refund; and

(e) if you are currently under the care of a mental health professional, you must inform them of your decision to use my programs and check with them if in their opinion, you have the required capacity to participate fully in my programs.  


4. Fees and Payment

4.1 The client agrees to pay the coaching fees as outlined on the checkout page, service agreement or as agreed upon with the Coach.

4.2  Payment can be made via credit card or debit card and processed by Stripe, direct banking transfer or any other payment method accepted by the Coach. Details regarding payment methods will be provided by the Coach.

4.3  Failure to make timely payments may result in the suspension or termination of coaching services.

4.4  All fees paid are non-refundable, unless otherwise specified in the service agreement or as agreed upon by the Coach and the client.  


5. Refund policy

5.1  I aim to provide you with personalized coaching services to help you plan, prepare and strategies your job application documents and your job interview techniques.  In accepting one of the limited number of places I have available, you acknowledge I am committing my time and resources to you. For this reason, if you decide to withdraw from my coaching package before the end of the term, I will not offer a refund.  

5.2  Refunds are not available for any reason, including but not limited to:

(a)  inability to attend all coaching sessions within the timeframe specified.

(b)  inability to secure a coaching session on a specific date or time.

(c)  inability to secure a coaching session within a specific timeframe.

(d) inability to attend coaching sessions due to personal matters including illness.  

Please note that while I will make every effort in good faith to accommodate your needs, I cannot guarantee fulfillment of all requests.  If you require a specific time and date for your coaching session, please contact me prior to purchase to ensure availability prior to purchase.  


6. Termination

6.1 My coaching services to you will terminate at the end of the term.

6.2  If for any reason I decide that I will be unable to fulfil any or all my services included in your package, through no fault of my own, and other than as a result of you missing a session, you agree that I may terminate this agreement by providing written notice of termination to you, without providing reasons. If I elect to terminate this agreement, I will refund to you that proportion of my fees relating to the balance of the term of this agreement, or proportionate to the services I have already delivered, at my discretion.  


7. Confidentiality  

7.1 I agree to maintain the confidentiality of all information shared by you during the coaching sessions, except as required by law or where you provide explicit consent for disclosure.

7.2  Where confidential information is disclosed to you during the program, it is done so for your personal or professional benefit, and you agree not to disclose that confidential information to any other person or entity.

7.3  You also agree to maintain the confidentiality of any proprietary information or materials provided by me during the coaching process.  


8.  Limited liability and indemnity

8.1 To the extent permissible under relevant legislation, I will not be liable for any loss or damages including loss of opportunity or damages suffered by any person from following or applying any advice, coaching, ideas or content developed as part of my programs.

8.2  To the fullest extent permitted by law, and without limiting the application of the Australian Consumer Law, you agree that:

(a) my total aggregate liability for any claim(s) by you relating to any program I deliver to you is limited to the amount actually paid by you for that package or program;

(b) if there is any fault in a package or program, my liability will be limited (at my choice) to:

(i) the delivery of that package or program again; or

(ii) refunding part or all of the cost of that package or program.

8.3 You agree to indemnify me and hold me harmless against loss or damages suffered by you or any other person arising from your breach of these terms and conditions.  


9.  Intellectual Property

9.1 All intellectual property rights in my packages and programs remain my property.  Access to any of my courses, classes and coaching does not give you any ownership rights to those program materials or any other program material.

9.2 You are only allowed to use the coaching materials for your own personal use.  You must not share, distribute or resell, in part or in full, those materials without my prior written permission. You are prohibited from using my materials to develop your own program or training for sale or giving away to others.  


10.  Your content and data

10.1  While all care is taken to store your data, the online portals Zenler and Dropbox, are not designed as a backup system and should not be relied on as such. I provide no guarantee for the security of your data. I will not be responsible or liable for the storage, theft, deletion, correction, destruction, damage or loss of any stored data. I recommend you have a regular back-up system in place for your systems. 

 

11.  Third party services

11.1 If I make any third-party recommendations including but not limited to third party products, programs or services (‘third party services’), it is because to the best of my knowledge, they are quality products or professional service providers. You must complete your own due diligence to protect yourself.

11.2 I will not be liable or responsible for your use of third-party services, or loss or damages you or any other person suffers due to the use of the third-party services.  


12.  Disclaimer

12.1  My packages and programs aim to provide a thought-provoking and creative process that inspires you to maximise your personal and professional potential. I cannot do the work for you. You agree to take responsibility for your own circumstances and acknowledge that the benefit you receive from my programs will depend on your personal circumstances and the effort you put in.

12.2   You understand that it may take some participants a greater commitment of time and effort than others to implement suggested changes or ideas, and that varied results may arise based on the individual’s starting point, flexibility to change and emotional intelligence.

12.3  While I will use reasonable skills and care in delivering my packages and programs, I cannot guarantee that your objectives will be met or that your results will be consistent or improve. Each person comes to me with different circumstances, skills and attitude, all of which can impact their outcomes.

12.4  You are responsible for your own decisions, choices, actions, and results when implementing my coaching into all areas of your life. You agree that I will not be liable for any action or inaction, or for any direct or indirect result of any services that I have provided.

12.5  While every care is taken, I make no representations about the suitability, reliability, availability, timeliness, completeness, and accuracy of anything provided in my online portal for any purpose. To the maximum extent permitted by applicable law, anything contained in my online portal is provided “as is” without warranty or condition of any kind.

12.6  Information provided in my online portal is for educational purposes only and I take no responsibility for any use made by you of the information supplied.

12.7  You understand that my packages and programs are not to be used as a substitute for professional advice by legal, mental, medical, financial, business, spiritual or other qualified professionals. You must seek independent professional guidance for such matters. You agree that all decisions and actions in these areas are exclusively your responsibility.

12.8  You understand that my packages and programs do not substitute for counseling or therapy, and do not prevent, diagnose, treat, or cure any mental disorder or medical condition. 

 

13.  General

13.1  Relationship – I am delivering my coaching packages and programs to you as an independent contractor and nothing in these terms and conditions should be interpreted to suggest otherwise.

13.2  Assignment – The packages and programs are personal to you and this agreement and cannot be assigned to any other person.

13.3  No Waiver – Any time or other indulgence granted by me will not in any way amount to a waiver of any of my rights or remedies under this agreement.

13.4  Governing Law – This agreement is governed by the laws of Queensland, Australia, and you agree to be subject to the jurisdiction of the courts of Queensland, Australia if there was a serious dispute between us.

13.5  Severability – If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be severed, and the remainder of the terms and conditions will continue in effect.

13.6  Entire agreement – These program terms and conditions, together with our services agreement and any other formal written agreements between us, form the entire agreement between us.  Anything else discussed beforehand or afterward is not part of our agreement or fees charged unless it was included or has been agreed to in writing. 


Privacy policy

Account Information and Service Access:

The Profound Startups service is not available to persons under the age of thirteen (13) or to any Users or Candidates suspended or removed from the Profound Startups service by Profound Startups. By using the Profound Startups service, you represent and warrant that you are at least thirteen (13) years of age and that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction.

Profound Startups reserves the right to refuse registration of, or cancel, any account or access to the Profound Startups services by any User or Candidate in its reasonable discretion, at any time.

Profound Startups accounts will be accessed through a User ID and password that you will create (your “Credentials”). Your Credentials are solely for your use and must not be shared with other Users. All Users need to have their own account, User ID and Credentials. You agree that your Credentials and information you provide upon registration and at all other times will be true, accurate, current, and complete (including your name and company name). You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under your account. You agree to immediately notify Profound Startups of any unauthorized use of your account, password, Credentials, or any other breach of security. You agree that Profound Startups will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

Candidates shall access the Interview services when a User invites an individual, via email, to take a technical programming test (“Challenge”). The Candidate will be provided login credentials to access Challenge. Following completion of the Challenge the Candidate’s access to the Profound Startups services shall terminate.

By participating in any Profound Startups promotional event or giving assent to any activity that requires an account on Profound Startups, your account will be automatically created.

Except as expressly permitted by Profound Startups, you agree that the Profound Startups services are to be accessed only for you or your company’s own internal business purposes and not for resale or unauthorized distribution to any third party.


Cookie Policy :

Profound Startups neither store cookies nor use them for tracking user behavior anonymously. Cookies are only used to provide single sign on in QA platforms for better user experience. Cookies are generated only for the registered users.

The cookies generated are not shared or distributed to any partners or third parties, they solely serve the purpose of maintaining sessions within our platform. Information such as user behavior, interests, etc are neither stored nor used for any sort of commercial activities.


Content :

Content. The Profound Startups service provides certain features, which enables Users and Candidates to submit, post, and share data, text, software, graphics, messages or other material (“Content”) on the Profound Startups service. Content that Users or Candidates submit, post or share is subject to the terms and conditions of these Terms of Service. Content that you own and post on or through the Profound Startups service belongs to you and you may use it in any way, except as prohibited by applicable state and federal law or regulations. By using the Profound Startups service, you are granting Profound Startups and certain third parties permission to use Content as described in these Terms of Service.

Grant of license to Profound Startups. By using the Profound Startups service, you are granting Profound Startups a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, irrevocable and transferable right and license to use, host, store, reproduce, create derivative works of, distribute, modify, display, and communicate your Content on and through the Profound Startups service. If you post Content on or through the Profound Startups service, you represent and warrant that you have the right to post that Content and to grant the above rights to Profound Startups, so ensure that you have the necessary rights to grant Profound Startups this license for any Content you submit or post to the Profound Startups service. This license that you grant Profound Startups is for the limited purpose of operating, promoting, marketing, improving and developing Profound Startups products and services (and derivative works thereof). This license continues even if you terminate your account and/or stop using the Profound Startups service. Profound Startups acknowledges that it will not acquire any other rights in any Content that you may upload or post to the Profound Startups service.

Use of Content. You understand that by posting your Content that you are responsible for your Content and any Content that you create, transmit or display while using the Profound Startups services and for any consequences thereof. You further agree that under no circumstances shall Profound Startups be liable for the errors or omissions of another User or Candidate who views your Content. Therefore, you represent and agree to all of the following and acknowledge that Profound Startups is explicitly relying on such representations and agreement with regard to your Content and use of Content made available on the Profound Startups service:

The Content represents your own original work and/or you have all necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed or violated by the Content being viewed and used as described in these Terms of Service.

You agree to use Profound Startups services only for purposes that are legal, proper and in accordance with these Terms of Service. Your disclosure of your Content does not violate a confidential relationship with any third party or establish a confidential relationship with Profound Startups.

You understand that you are responsible for your Content that you upload, post, e-mail, transmit, or otherwise make available through the Profound Startups service. Except as permitted in these Terms of Service, you do not have the rights to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to you, other than viewing of Content or the associated Challenge reports on or through the Profound Startups service.


Who We Share Your Data With :

We share certain data about you with instructors, other students, companies performing services for us, our business partners, analytics and data enrichment providers, your social media providers, companies helping us run promotions and surveys, and advertising companies who help us promote our Services. We may also share your data as needed for security, legal compliance, or as part of a corporate restructuring. Lastly, we can share data in other ways such as third parties to provide support throughout the platform such as payment and forum as of now.

When you voluntarily send us an electronic mail, we will keep a record of this information so that we can respond to you. We only collect information from you when you register on our site or fill out a form. Also, when filling out a form on our site, you may be asked to enter your name, e-mail address or phone number. You may, however, visit our site anonymously. In case you have submitted your personal information and contact details, we reserve the rights to Call, SMS, Email or WhatsApp about our products and offers, even if your number has DND activated on it.

Note: The list of third parties may be added at any point of time.


Your Rights :

You have certain rights around the use of your data, including the ability to opt out of promotional emails, cookies, and collection of your data by certain third parties. You can update or terminate your account from within our Services, and can also contact us for individual rights requests about your personal data.

Accuracy of Content. Profound Startups cannot and need not control all Content posted by Candidates or Users on or through the Profound Startups service, and it does not guarantee the accuracy, integrity or quality of such Content. You agree that under no circumstances will Profound Startups be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. Profound Startups does not endorse and is not responsible for the accuracy, usefulness, safety or relating to Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Profound Startups WITH RESPECT THERETO.

Right to Remove or Edit User Content. Profound Startups reserves the right, in its reasonable discretion, to refuse to allow any Content through the Profound Startups services, or to edit or remove any Content at any time with or without notice. Without limiting the generality of the preceding sentence, Profound Startups complies with the Digital Millennium Copyright Act, and will remove Content upon receipt of a compliant takedown notice (see the “Copyright Infringement” section below).

User and Candidate Representations and Warranties. You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Profound Startups to use all patent, trademark, copyright, or other proprietary rights in and to your Content to enable inclusion and use of your Content in the manner contemplated by Profound Startups and these Terms of Service, and to grant the rights and license set forth above, and (ii) your Content, Profound Startups use of such User submissions pursuant to these Terms of Service, and exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, Privacy Right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms of Service, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.

Feedback. If you provide Profound Startups with any comments, bug reports, feedback, or modifications proposed or suggested by you on the Profound Startups services (“Feedback”), Profound Startups shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Profound Startups service. You hereby grant Profound Startups a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose.