Terms & Conditions

Terms and Conditions - Antonio Ibanez Coaching

Website: www.antonioibanez.com

Business Location: Zetland, NSW, Australia

Contact Email: [email protected]

Effective Date: January 1, 2025 Last Updated: January 1, 2025

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of the website www.antonioibanez.com ("Website") and all services provided by Antonio Ibanez Coaching ("Company," "we," "us," or "our"), including but not limited to digital e-books, Beta Offers, Life Coaching Services, one-on-one coaching sessions, webinars, and community platform access. By accessing our Website, purchasing any products, or using any services, you ("Customer," "Client," "you," or "your") agree to be bound by these Terms in their entirety.

These Terms constitute a legally binding agreement between you and Antonio Ibanez Coaching, an Australian business operating from Zetland, New South Wales, Australia. If you do not agree to these Terms, you must not access our Website, purchase our products, or use our services. Your continued use of our Website and services constitutes your acceptance of these Terms and any modifications thereto.

Antonio Ibanez Coaching reserves the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our Website. Your continued use of our Website and services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates. We recommend checking this page regularly to stay informed of any changes.

The services provided by Antonio Ibanez Coaching are designed for individuals seeking personal development, recovery support, and life coaching guidance. Our services are intended for adults aged 18 years and older. By using our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.

2. Business Information and Jurisdiction

Antonio Ibanez Coaching is an Australian business entity operating from Zetland, New South Wales, Australia. All services are provided from this location, and all business operations are conducted in accordance with Australian law and regulations. Our primary business activities include life coaching, recovery coaching, educational content creation, and personal development services.

For all inquiries, customer service requests, technical support, or legal matters, please contact us at [email protected]. We endeavor to respond to all inquiries within 48 hours during business days (Monday through Friday, Australian Eastern Standard Time). Please include detailed information about your inquiry to ensure we can provide the most appropriate assistance.

All transactions, services, and business relationships are governed by the laws of New South Wales, Australia, and any disputes arising from these Terms or our services will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. By using our services, you consent to this jurisdiction and agree that any legal proceedings will be conducted in New South Wales, Australia.

Our business operates in accordance with Australian Consumer Law, Privacy Act 1988, and other applicable Australian legislation. We are committed to maintaining the highest standards of business practice and customer service while complying with all relevant legal requirements.

3. Digital E-books and Educational Materials

3.1 Product Description and Scope

Our Website offers various digital e-books and educational materials ("Digital Products") designed to provide guidance, strategies, and information related to recovery, personal development, life coaching, and related topics. These Digital Products are delivered in electronic format, typically as PDF files, and may include additional materials such as worksheets, exercises, audio content, or supplementary resources.

All Digital Products are created based on the professional experience, research, and expertise of Antonio Ibanez and are intended for educational and informational purposes only. The content provided in our Digital Products represents general guidance and strategies that may be beneficial for personal development and recovery support, but should not be considered as personalized advice for any specific individual situation.

Digital Products may include references to other services offered by Antonio Ibanez Coaching, including coaching programs, webinars, or community platforms. These references are for informational purposes only and do not constitute an obligation to purchase additional services. Each service is offered separately and subject to its own terms and conditions as outlined in these Terms.

The intellectual property rights in all Digital Products, including text, graphics, images, audio, video, software, and other content, are owned exclusively by Antonio Ibanez Coaching and are protected by Australian and international copyright laws. All rights are reserved, and unauthorized reproduction, distribution, or use of our Digital Products is strictly prohibited.

3.2 Purchase Terms and Payment

Digital Products are available for purchase through our Website using various payment methods including credit cards, debit cards, and other electronic payment systems as made available through our payment processors. All payments must be made in full at the time of purchase unless otherwise specified for particular products or promotional offers.

Prices for Digital Products are clearly displayed on our Website and are listed in Australian Dollars (AUD) unless otherwise specified. Prices are subject to change without notice, but any price changes will not affect orders that have already been completed and confirmed. All prices include any applicable Australian Goods and Services Tax (GST) where required by law.

You are responsible for providing accurate and complete information during the purchase process, including valid payment information and contact details. Any false or misleading information provided during the purchase process may result in cancellation of your order and denial of access to Digital Products.

Payment processing is handled through secure third-party payment processors. By making a purchase, you agree to the terms and conditions of our payment processors. We do not store your payment information on our servers, and all payment data is handled in accordance with industry-standard security protocols.

3.3 Digital Product Delivery and Access

Upon successful payment processing, you will receive access to download your purchased Digital Products via email or through a secure download link provided on our Website. Download instructions and access credentials will be provided immediately after purchase completion, typically within minutes of successful payment processing.

You will have access to download your Digital Products for a period of twelve (12) months from the date of purchase. After this period, download access may be terminated, and you are responsible for maintaining your own copies of the Digital Products. We recommend downloading and securely storing your Digital Products immediately after purchase to ensure continued access.

To access and use Digital Products, you must have appropriate software and hardware capable of reading the provided file formats. Most Digital Products are provided in PDF format, which requires PDF reading software such as Adobe Acrobat Reader, which is available as a free download. We are not responsible for compatibility issues with your devices or software.

If you experience technical difficulties downloading your Digital Products, you must contact our customer support at [email protected] within thirty (30) days of purchase. We will make reasonable efforts to resolve download issues, but we are not responsible for technical problems beyond our control, including but not limited to internet connectivity issues, device malfunctions, or software compatibility problems.

3.4 No Refund Policy for Digital Products

ALL SALES OF DIGITAL PRODUCTS ARE FINAL. WE DO NOT OFFER REFUNDS, RETURNS, OR EXCHANGES FOR ANY DIGITAL PRODUCTS, INCLUDING E-BOOKS AND EDUCATIONAL MATERIALS.

Due to the digital nature of our products and the immediate access provided upon purchase, all sales are final and non-refundable. Once you have gained access to download a Digital Product, the transaction is complete and cannot be reversed. This policy applies to all Digital Products regardless of the reason for the refund request, including but not limited to change of mind, technical difficulties, or dissatisfaction with the content.

By purchasing any Digital Product, you acknowledge and agree that you are making an informed decision based on the product description, preview materials (if available), and any other information provided on our Website. You waive any right to request a refund, chargeback, or dispute the transaction with your payment provider based on the content, quality, or usefulness of the Digital Product.

This no-refund policy is clearly stated at the point of purchase and throughout our Website. By completing a purchase, you confirm that you have read, understood, and accepted this policy. If you are unsure about a purchase, we encourage you to contact us at [email protected] before completing the transaction to discuss your questions or concerns.

In exceptional circumstances involving technical errors on our part that prevent you from accessing your purchased Digital Product, we may, at our sole discretion, provide a replacement download link or alternative access method. However, this does not constitute a refund and does not create any obligation to provide refunds in other circumstances.

3.5 Permitted Use and Restrictions

Upon purchase, you are granted a limited, non-exclusive, non-transferable license to use the Digital Product for your personal, non-commercial use only. This license does not grant you any ownership rights in the Digital Product, and all intellectual property rights remain with Antonio Ibanez Coaching.

You may download and store the Digital Product on your personal devices for your own use, print portions of the Digital Product for your personal reference and study, and use the information and strategies contained in the Digital Product for your personal development and recovery journey. You may not reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information or content from the Digital Product.

Sharing your download link or access credentials with others is strictly prohibited. You may not upload the Digital Product to file-sharing services, peer-to-peer networks, or any public platform. Commercial use of the Digital Product, including but not limited to reselling, licensing, or using the content in your own products or services, is prohibited without express written permission from Antonio Ibanez Coaching.

You may not remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Digital Product. Any attempt to reverse engineer, decompile, or disassemble any software components of the Digital Product is prohibited. Violation of these restrictions may result in immediate termination of your license and potential legal action.

4. Beta Offers and Promotional Programs

4.1 Beta Program Description

From time to time, Antonio Ibanez Coaching may offer Beta programs, early access opportunities, or promotional programs ("Beta Offers") that provide access to new services, products, or features before they are made generally available. Beta Offers may include coaching programs, digital content, community access, or other services at reduced prices or with additional benefits.

Beta Offers are experimental in nature and may include features, content, or services that are still in development or testing phases. Participants in Beta Offers acknowledge that they may encounter technical issues, incomplete features, or changes to the program structure during the Beta period. We make no warranties regarding the performance, availability, or functionality of Beta Offers.

Participation in Beta Offers is typically limited and may be subject to specific eligibility criteria, application processes, or selection procedures. Not all applicants may be accepted into Beta programs, and acceptance is at the sole discretion of Antonio Ibanez Coaching. Beta participants may be required to provide feedback, participate in surveys, or engage in other activities to help improve the program.

Beta Offers may have different terms and conditions than our standard services, including different pricing, refund policies, or service levels. Specific terms for each Beta Offer will be communicated to participants and may supplement or modify these general Terms and Conditions.

4.2 Beta Program Terms and Conditions

Beta participants agree to use Beta services in good faith and to provide honest, constructive feedback when requested. Participants may be asked to complete surveys, participate in interviews, or provide written feedback about their experience with Beta services. This feedback helps us improve our offerings and develop better services for all clients.

Beta participants understand that Beta services may be discontinued, modified, or changed at any time without notice. Features or benefits available during the Beta period may not be available in the final version of the service. Pricing for Beta services may not reflect the final pricing for the service when it becomes generally available.

Confidentiality may be required for certain Beta programs. Participants may be asked to sign separate confidentiality agreements or may be bound by confidentiality provisions that prevent them from sharing details about Beta services with others. Violation of confidentiality requirements may result in immediate termination from the Beta program.

Beta participants acknowledge that they are participating in experimental programs and assume any risks associated with such participation. We are not liable for any issues, problems, or damages that may arise from participation in Beta programs, beyond what is required by applicable Australian consumer protection laws.

4.3 Beta Program Pricing and Payment

Beta Offers may be provided at reduced prices, with special payment terms, or with additional benefits not available with standard services. Beta pricing is typically offered for a limited time and may not be available after the Beta period concludes. Participants who wish to continue with services after the Beta period may be subject to standard pricing and terms.

Payment terms for Beta Offers will be clearly communicated at the time of enrollment. Some Beta programs may require full payment in advance, while others may offer payment plans or trial periods. Refund policies for Beta Offers may differ from our standard policies and will be specified for each program.

Beta participants understand that pricing and payment terms may change when Beta services transition to general availability. There is no guarantee that Beta pricing will be maintained or that participants will receive preferential pricing for future services.

All payments for Beta Offers are processed through the same secure payment systems used for our standard services, and participants are subject to the same payment processing terms and conditions outlined elsewhere in these Terms.

5. Life Coaching Services

5.1 Service Description and Scope

Antonio Ibanez Coaching provides comprehensive Life Coaching Services designed to support personal development, recovery journeys, and goal achievement. Our Life Coaching Services include one-on-one coaching sessions, group coaching programs, webinars, workshops, and access to our community platform. These services are designed to provide guidance, support, and accountability for individuals seeking to improve their lives and achieve their personal goals.

Life Coaching Services are educational and developmental in nature and are not intended to replace professional medical care, psychological treatment, or therapeutic intervention. Our coaching focuses on goal-setting, accountability, skill development, and personal growth strategies. Clients who require medical or psychological treatment should seek appropriate professional care from qualified healthcare providers.

Our coaching approach is based on established coaching methodologies, personal development principles, and Antonio Ibanez's professional experience in recovery and life coaching. While we strive to provide valuable guidance and support, we cannot guarantee specific outcomes or results from our coaching services. Success in coaching depends on many factors, including client commitment, effort, and individual circumstances.

Life Coaching Services may be provided individually or as part of structured programs with specific durations, goals, and requirements. Program details, including session frequency, duration, and specific components, will be clearly communicated at the time of enrollment. Clients are expected to actively participate in coaching sessions and complete any assigned exercises or activities.

5.2 One-on-One Coaching Sessions

Individual coaching sessions are conducted via video conference, phone, or other agreed-upon communication methods. Sessions are typically scheduled for specific durations (commonly 60 or 90 minutes) and are conducted at mutually agreed-upon times. Clients are responsible for ensuring they have appropriate technology and internet connectivity for video or phone sessions.

Scheduling of coaching sessions is managed through our booking system or by direct communication with Antonio Ibanez. Clients are expected to arrive on time for scheduled sessions and to come prepared with any materials, questions, or updates relevant to their coaching goals. Late arrival may result in shortened session time, as sessions typically end at the scheduled time to accommodate other clients.

Session content is confidential and will not be shared with third parties except as required by law or with explicit client consent. Clients are encouraged to take notes during sessions and to implement discussed strategies between sessions. Follow-up materials, exercises, or resources may be provided after sessions to support client progress.

Recording of coaching sessions may be available upon request and with mutual agreement. Any recordings remain the property of Antonio Ibanez Coaching and are provided solely for the client's personal use and review. Clients may not share, distribute, or use recordings for any commercial purpose.

5.3 Webinars and Group Programs

Our Life Coaching Services include access to webinars, group coaching sessions, and educational workshops designed to provide valuable content and community connection. Webinars may be conducted live or provided as recorded content, and may cover various topics related to personal development, recovery, goal achievement, and life skills.

Group coaching programs provide opportunities for clients to learn from each other, share experiences, and receive coaching in a supportive group environment. Group sessions are conducted with multiple participants and may include interactive exercises, discussions, and collaborative learning activities. Participation in group sessions requires respect for other participants and adherence to group guidelines.

Access to webinars and group programs may be provided through our community platform or other designated systems. Clients will receive access credentials and technical instructions for participating in these programs. Technical support is available for clients experiencing difficulties accessing webinar or group content.

Webinar and group program content is proprietary and confidential. Participants may not record, share, or distribute content from webinars or group sessions without explicit permission. Violation of these restrictions may result in immediate termination of access to these services.

5.4 Community Platform Access

Clients enrolled in certain Life Coaching Services may receive access to our community platform, which provides opportunities for ongoing connection, resource sharing, and peer support. The community platform may include discussion forums, resource libraries, exclusive content, and networking opportunities with other clients.

Community platform access is a privilege that requires adherence to community guidelines and respectful interaction with other members. Inappropriate behavior, harassment, spam, or violation of community guidelines may result in immediate removal from the platform and termination of access to community features.

Content shared on the community platform, including posts, comments, and shared resources, should be respectful, constructive, and relevant to the community's purpose. Members are encouraged to support each other while maintaining appropriate boundaries and respecting privacy and confidentiality.

The community platform is moderated by Antonio Ibanez Coaching staff, and we reserve the right to remove content, moderate discussions, and manage community interactions to maintain a positive and supportive environment for all members.

5.5 Coaching Service Terms and Conditions

Clients enrolling in Life Coaching Services agree to actively participate in the coaching process, complete assigned exercises and activities, and maintain open and honest communication with their coach. Success in coaching requires client commitment and effort, and clients are responsible for implementing discussed strategies and working toward their stated goals.

Coaching sessions and programs have specific start and end dates, and clients are expected to attend scheduled sessions and participate in program activities according to the agreed-upon schedule. Missed sessions may not be rescheduled or refunded, depending on the specific program terms and circumstances of the absence.

Clients understand that coaching is a collaborative process that requires their active participation and commitment. While we provide guidance, support, and accountability, clients are ultimately responsible for their own decisions, actions, and outcomes. We cannot guarantee specific results or outcomes from coaching services.

Confidentiality is maintained for all coaching interactions, with exceptions only as required by law or in situations involving imminent danger to the client or others. Clients may choose to share their coaching experience with others, but coaches will not disclose client information without explicit consent.

5.6 Coaching Service Pricing and Payment

Life Coaching Services are offered at various price points depending on the specific service, program duration, and level of support provided. Pricing information is clearly displayed on our Website and in program descriptions. All prices are listed in Australian Dollars (AUD) and include applicable GST where required.

Payment terms vary by service and may include full payment in advance, payment plans, or session-by-session payment options. Specific payment terms will be clearly communicated at the time of enrollment and must be agreed upon before services begin. Late payments may result in suspension of services until payment is received.

Some coaching programs may offer early-bird pricing, payment plan options, or other promotional pricing. These offers are typically available for limited times and may have specific terms and conditions. Promotional pricing may not be combined with other offers unless explicitly stated.

Refund policies for Life Coaching Services may vary by program and will be clearly communicated at the time of enrollment. Some programs may offer partial refunds for unused sessions, while others may have no-refund policies. Refund eligibility and procedures will be specified in individual program terms.

6. Cancellation and Rescheduling Policies

6.1 Client-Initiated Cancellations

Clients may cancel individual coaching sessions or withdraw from coaching programs according to the specific cancellation policies for their enrolled services. Cancellation policies vary by service type and will be clearly communicated at the time of enrollment. Generally, individual session cancellations require at least 24-48 hours advance notice to avoid cancellation fees.

For coaching programs with multiple sessions or extended durations, cancellation policies may include specific notice requirements, potential refund calculations, and procedures for program withdrawal. Clients who wish to cancel or withdraw from programs should contact [email protected] as soon as possible to discuss their options and any applicable policies.

Emergency cancellations due to illness, family emergencies, or other unforeseen circumstances may be handled with greater flexibility, but clients should communicate these situations as soon as possible. Documentation may be required for certain types of emergency cancellations, and each situation will be evaluated individually.

Clients who repeatedly cancel or reschedule sessions may be subject to additional policies or may be asked to consider alternative service options that better fit their availability and commitment level. Consistent attendance and participation are important for coaching effectiveness and program success.

6.2 Company-Initiated Cancellations

Antonio Ibanez Coaching reserves the right to cancel or reschedule sessions or programs due to illness, emergency, technical difficulties, or other circumstances beyond our control. In such cases, we will provide as much advance notice as possible and will work with clients to reschedule sessions or provide alternative arrangements.

If we must cancel a session or program, clients will be offered rescheduling options or, where appropriate, refunds for unused services. Our goal is to minimize disruption to client progress and to provide alternative solutions whenever possible. Clients will be notified of cancellations and alternative arrangements via email or phone.

In rare cases where we must discontinue a program or service entirely, clients will be provided with appropriate notice and refund options for unused portions of their services. We will make reasonable efforts to help clients transition to alternative services or providers when necessary.

Force majeure events, including but not limited to natural disasters, government restrictions, or other circumstances beyond our control, may require cancellation or modification of services. In such cases, we will work with clients to provide alternative arrangements or appropriate refunds as circumstances permit.

6.3 Rescheduling Procedures

Clients may request to reschedule individual sessions or program components according to availability and scheduling policies. Rescheduling requests should be made as far in advance as possible to ensure availability of alternative times. Some services may have specific rescheduling limitations or fees.

Rescheduling is subject to coach availability and may not always be possible within the client's preferred timeframe. Clients are encouraged to maintain consistent scheduling when possible to maximize the effectiveness of their coaching experience. Frequent rescheduling may impact coaching progress and program outcomes.

Technical difficulties, internet outages, or other technology-related issues that prevent session participation may be grounds for rescheduling without penalty. Clients should contact us immediately if technical issues prevent them from attending scheduled sessions, and we will work to provide alternative arrangements.

Rescheduled sessions must typically be completed within a specified timeframe (often within the same month or program period) to maintain program continuity and effectiveness. Sessions that cannot be rescheduled within the specified timeframe may be forfeited, depending on the specific program terms.

7. Disclaimers and Limitations

7.1 Educational and Informational Purpose

All services, products, and content provided by Antonio Ibanez Coaching are for educational and informational purposes only. Our services are designed to provide guidance, support, and strategies for personal development and recovery support, but they are not intended to diagnose, treat, cure, or prevent any medical or psychological condition.

The information and strategies provided through our services are based on general principles of personal development, coaching methodologies, and professional experience. They should not be considered as personalized medical, psychological, or therapeutic advice for any specific individual situation. Clients should always consult with qualified healthcare professionals regarding any medical or mental health concerns.

Our coaching services are not a substitute for professional medical care, psychological treatment, therapy, or counseling. Clients who are dealing with serious mental health issues, substance abuse problems, or other medical conditions should seek appropriate professional care from qualified healthcare providers in addition to or instead of coaching services.

Results from our services may vary significantly from person to person based on individual circumstances, commitment level, effort, and other factors beyond our control. We make no guarantees or warranties regarding the effectiveness of our services, strategies, or information for any particular individual or situation.

7.2 No Professional Relationship

Purchase of products or services from Antonio Ibanez Coaching does not create a professional therapeutic, medical, or legal relationship between the client and Antonio Ibanez or Antonio Ibanez Coaching. Our services are coaching and educational in nature and should not be confused with professional therapy, counseling, or medical treatment.

Coaching relationships are collaborative partnerships focused on goal achievement, skill development, and personal growth. Unlike therapeutic relationships, coaching does not involve diagnosis or treatment of mental health conditions and is not regulated in the same manner as healthcare professions.

Clients retain full responsibility for their own decisions, actions, and outcomes. While we provide guidance and support, clients are ultimately responsible for implementing strategies, making decisions, and managing their own lives and circumstances. We do not assume responsibility for client decisions or outcomes.

Emergency situations or crisis interventions are beyond the scope of our coaching services. Clients experiencing mental health emergencies, suicidal thoughts, or other crisis situations should immediately contact emergency services, mental health crisis lines, or other appropriate emergency resources.

7.3 Third-Party Resources and References

Our services may reference or recommend third-party resources, websites, books, services, or professionals. These references are provided for informational purposes only and do not constitute endorsements of any third-party products, services, or providers. We are not responsible for the content, accuracy, availability, or quality of any third-party resources.

Clients who choose to use third-party resources or services do so at their own risk and discretion. We encourage clients to research and evaluate any third-party resources before using them and to make their own informed decisions about their suitability and value.

Links to third-party websites or resources may be provided for convenience, but we do not control or monitor these external sites and are not responsible for their content, privacy practices, or terms of use. Clients should review the terms and privacy policies of any third-party sites they visit.

Professional referrals may be provided when appropriate, but clients are responsible for verifying the credentials, qualifications, and suitability of any referred professionals. We do not guarantee the quality or outcomes of services provided by referred professionals.

7.4 Technology and Platform Limitations

Our services rely on various technology platforms, internet connectivity, and digital systems for delivery. While we strive to maintain reliable and secure systems, we cannot guarantee uninterrupted access or perfect functionality of our technology platforms. Technical issues may occasionally impact service delivery.

Clients are responsible for ensuring they have appropriate technology, internet connectivity, and software to access our services. We provide technical support when possible, but cannot guarantee compatibility with all devices, operating systems, or internet configurations. Clients should test their technology setup before important sessions or program activities.

Data security and privacy are important to us, and we implement appropriate security measures to protect client information. However, no digital system is completely secure, and clients should be aware that electronic communication and data storage carry inherent risks. We are not liable for security breaches or data loss beyond our reasonable control.

System maintenance, updates, or unexpected technical issues may occasionally require temporary suspension of services or platform access. We will provide advance notice when possible and work to minimize disruptions to client services and access.

8. Limitation of Liability

8.1 Disclaimer of Warranties

ALL SERVICES, PRODUCTS, AND CONTENT PROVIDED BY ANTONIO IBANEZ COACHING ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT WARRANT THAT ANY DEFECTS IN OUR SERVICES OR PRODUCTS WILL BE CORRECTED, OR THAT OUR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION, CONTENT, OR STRATEGIES PROVIDED THROUGH OUR SERVICES. ALL INFORMATION IS PROVIDED FOR GENERAL EDUCATIONAL PURPOSES AND MAY NOT BE SUITABLE FOR YOUR SPECIFIC CIRCUMSTANCES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Damages

IN NO EVENT SHALL ANTONIO IBANEZ COACHING, ANTONIO IBANEZ, OR ANY ASSOCIATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OUR SERVICES OR PRODUCTS.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE OR PRODUCT THAT GAVE RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS (AUD $100), WHICHEVER IS LESS.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8.3 Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any consumer rights or remedies that cannot be excluded, restricted, or modified under the Australian Consumer Law or other applicable Australian legislation. Where the Australian Consumer Law applies and cannot be excluded, our liability is limited to the maximum extent permitted by law.

For services not of a kind ordinarily acquired for personal, domestic, or household use, our liability for breach of any condition or warranty that cannot be excluded is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

If you are a consumer under the Australian Consumer Law, you may have rights and remedies in addition to those set out in these Terms. These Terms do not limit or exclude any such rights or remedies where it would be unlawful to do so.

For any disputes or claims related to our services, we encourage you to contact us first at [email protected] to attempt to resolve the matter directly before pursuing other remedies.

9. Privacy and Data Protection

9.1 Information Collection and Use

In connection with providing our services and products, we collect and process personal information including your name, email address, phone number, payment information, and other details necessary to deliver our services and maintain our business relationship. We may also collect information about your use of our services, preferences, and feedback.

We use your personal information to provide and improve our services, process payments, communicate with you about your services, send important updates and information, provide customer support, and comply with legal obligations. We may also use your information to send you marketing communications about our services, but you can opt out of these communications at any time.

We implement appropriate security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security of your information.

We retain your personal information for as long as necessary to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements. When your information is no longer needed, we will securely delete or anonymize it in accordance with our data retention policies.

9.2 Information Sharing and Disclosure

We do not sell, trade, or otherwise transfer your personal information to third parties except as described in these Terms or with your explicit consent. We may share your information with trusted service providers who assist us in operating our business, such as payment processors, email service providers, or technology platforms, but only to the extent necessary for them to provide their services.

We may disclose your personal information if required by law, court order, or government regulation, or if we believe in good faith that such disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to government requests.

In the event of a business transfer, merger, or acquisition, your personal information may be transferred to the new entity, but you will be notified of any such transfer and any changes to how your information is handled.

We may share aggregated, anonymized information that does not identify you personally for business purposes, such as analyzing trends, improving our services, or marketing our business.

9.3 Your Privacy Rights

You have the right to access, correct, or update your personal information held by us. You can request a copy of your personal information or ask us to correct any inaccuracies by contacting us at [email protected]. We will respond to your request within a reasonable timeframe and in accordance with applicable privacy laws.

You have the right to request deletion of your personal information, subject to certain exceptions such as legal requirements to retain information or legitimate business needs. You can also request that we restrict the processing of your information in certain circumstances.

You have the right to opt out of marketing communications at any time by using the unsubscribe link in our emails or by contacting us directly. Opting out of marketing communications will not affect our ability to send you important service-related communications.

If you have concerns about how we handle your personal information, you can contact us at [email protected]. You also have the right to lodge a complaint with the Australian Privacy Commissioner if you believe we have not handled your personal information appropriately.

9.4 Cookies and Tracking Technologies

Our Website may use cookies, web beacons, and other tracking technologies to enhance your browsing experience, analyze website usage, and provide personalized content. Cookies are small data files stored on your device that help us remember your preferences and improve our services.

You can control cookie settings through your web browser, including the ability to refuse cookies or receive notifications when cookies are being used. However, disabling cookies may affect the functionality of our Website and your ability to access certain features or services.

We may use analytics services to understand how visitors use our Website and to improve our online presence. These services may collect information about your browsing behavior, but this information is typically aggregated and anonymized.

Third-party services integrated into our Website, such as payment processors or social media plugins, may also use tracking technologies. These third parties have their own privacy policies governing their use of your information.

10. User Conduct and Responsibilities

10.1 Acceptable Use

You agree to use our Website, services, and products only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use complies with all applicable laws and regulations in your jurisdiction. You may not use our services for any illegal, harmful, or inappropriate purposes.

You agree to provide accurate and truthful information when using our services, creating accounts, or making purchases. You are responsible for maintaining the confidentiality of any login credentials or access information provided to you and for all activities that occur under your account.

You may not attempt to gain unauthorized access to our systems, networks, or other users' accounts. You may not interfere with or disrupt the integrity or performance of our services or attempt to introduce viruses, malware, or other harmful code into our systems.

You agree to treat other users, staff members, and service providers with respect and courtesy. Harassment, abuse, discrimination, or inappropriate behavior toward others is not tolerated and may result in immediate termination of your access to our services.

10.2 Prohibited Activities

You may not use our services to engage in any activity that violates applicable laws or regulations, infringes on the rights of others, or could harm our business or reputation. Prohibited activities include but are not limited to fraud, identity theft, money laundering, or any other illegal activities.

You may not reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any content from our services without explicit written permission. You may not use our content for commercial purposes or incorporate it into your own products or services.

You may not attempt to reverse engineer, decompile, or disassemble any software or technology used in our services. You may not use automated systems, bots, or scripts to access our services or extract information from our Website without permission.

You may not impersonate others, create false identities, or misrepresent your affiliation with any person or organization. You may not use our services to spam, solicit, or send unsolicited communications to other users or third parties.

10.3 Content and Communications

Any content you submit, post, or share through our services, including in community platforms, forums, or communications with staff, must be appropriate, respectful, and relevant to the purpose of our services. You are responsible for the content you share and must ensure it does not violate any laws or rights of others.

You retain ownership of content you create and share, but by sharing content through our services, you grant us a license to use, display, and distribute that content as necessary to provide our services. This license continues until you remove the content or terminate your use of our services.

We reserve the right to monitor, review, and remove any content that violates these Terms, is inappropriate, or could harm our services or other users. We may also remove content that we believe violates applicable laws or regulations, even if not explicitly prohibited in these Terms.

Confidential information shared during coaching sessions or other private communications is protected and will not be disclosed except as required by law or in emergency situations involving safety concerns.

10.4 Account Security and Responsibility

You are responsible for maintaining the security of your account and any access credentials provided to you. You should use strong passwords, keep your login information confidential, and notify us immediately if you suspect unauthorized access to your account.

You are responsible for all activities that occur under your account, whether authorized by you or not. If you become aware of unauthorized use of your account, you must notify us immediately at [email protected] so we can take appropriate action to secure your account.

We may suspend or terminate accounts that show signs of unauthorized access, suspicious activity, or violation of these Terms. Account suspension or termination may result in loss of access to services and any associated content or data.

You agree to log out of your account when using shared or public computers and to take appropriate precautions to protect your account information when accessing our services from public or unsecured networks.

11. Termination

11.1 Termination by Client

You may terminate your use of our services at any time by discontinuing use of our Website and services, canceling any ongoing programs according to their specific terms, and requesting closure of any accounts you may have with us. Termination requests should be sent to [email protected].

Upon termination, you will lose access to any ongoing services, community platforms, or exclusive content. Any unused portions of prepaid services may be subject to refund according to the specific terms of those services, but digital products and completed services are generally non-refundable.

Your obligations under these Terms that by their nature should survive termination will continue after termination, including but not limited to intellectual property restrictions, confidentiality obligations, and limitation of liability provisions.

You remain responsible for any outstanding payments or obligations incurred before termination. Termination does not relieve you of any liability for actions taken before termination or any ongoing obligations under these Terms.

11.2 Termination by Company

We reserve the right to terminate or suspend your access to our services at any time, with or without cause, and with or without notice, if we believe you have violated these Terms, engaged in inappropriate conduct, or for any other reason we deem necessary to protect our business or other users.

Reasons for termination may include but are not limited to violation of these Terms, inappropriate behavior toward staff or other users, fraudulent activity, failure to pay for services, or any conduct that we believe could harm our business or reputation.

Upon termination by us, you will immediately lose access to all services, and we may, at our discretion, provide refunds for unused portions of prepaid services. However, we are not obligated to provide refunds in cases of termination for cause or violation of these Terms.

We will make reasonable efforts to provide notice of termination when possible, but immediate termination without notice may be necessary in cases involving security concerns, legal requirements, or serious violations of these Terms.

11.3 Effect of Termination

Upon termination of your access to our services, you must immediately cease all use of our services, delete any downloaded content (except for digital products you have legitimately purchased), and return or destroy any confidential information you may have received.

Termination will not affect any rights or obligations that have accrued prior to termination, including payment obligations, intellectual property rights, or any claims for damages or breach of these Terms.

Provisions of these Terms that by their nature should survive termination will continue in effect after termination, including but not limited to intellectual property rights, confidentiality obligations, disclaimers, limitations of liability, and dispute resolution provisions.

If you wish to resume use of our services after termination, you may need to reapply or re-enroll according to our then-current terms and conditions. Previous termination for cause may affect your eligibility for future services.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Any legal action or proceeding arising from or related to these Terms or our services shall be brought exclusively in the courts of New South Wales, Australia, and you consent to the jurisdiction of such courts. You waive any objection to venue in these courts and any claim that such courts are an inconvenient forum.

Australian Consumer Law and other applicable Australian legislation will apply to the extent they cannot be lawfully excluded. Where such laws apply and cannot be excluded, our liability is limited to the maximum extent permitted by law.

International users of our services acknowledge that they are subject to Australian law and jurisdiction for any disputes related to our services, regardless of their location or the laws of their home jurisdiction.

12.2 Dispute Resolution Process

Before initiating any legal proceedings, you agree to first attempt to resolve any disputes through good faith negotiations by contacting us at [email protected] with a detailed description of the dispute and your proposed resolution. We will respond within a reasonable time and work with you to attempt to resolve the matter.

If a dispute cannot be resolved through direct negotiation within sixty (60) days, either party may pursue other available remedies, including mediation or legal action. We encourage the use of mediation or other alternative dispute resolution methods before pursuing litigation.

For disputes involving small amounts (typically under AUD $10,000), you may choose to pursue resolution through small claims court or other appropriate tribunals, which may provide faster and more cost-effective resolution than traditional litigation.

Any legal proceedings must be commenced within one (1) year after the cause of action arises, or such claim will be permanently barred. This limitation period applies regardless of any statute of limitations that might otherwise apply.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in or receive benefits from any class action or other collective legal proceeding against us.

This class action waiver applies to all claims and disputes that may arise between you and Antonio Ibanez Coaching, whether based in contract, tort, statute, regulation, or any other legal theory. The waiver is intended to be as broad as legally permissible.

If any court or arbitrator determines that this class action waiver is unenforceable or invalid, then the entirety of this dispute resolution provision shall be null and void, and any dispute shall be resolved in court according to the jurisdiction and governing law provisions of these Terms.

This waiver does not prevent you from participating in investigations or proceedings conducted by government agencies or from filing complaints with regulatory authorities where such participation is protected by law.

12.4 Limitation of Claims

Any claim or cause of action arising from or related to these Terms or our services must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred. This limitation applies regardless of any statute of limitations that might otherwise apply under applicable law.

This limitation period begins to run when you first become aware, or reasonably should have become aware, of the facts giving rise to your claim. The limitation period is not extended by any negotiations, communications, or attempts to resolve the dispute outside of formal legal proceedings.

Claims that are not filed within this limitation period are permanently barred, and you waive any right to pursue such claims regardless of any other applicable limitation periods or statutes of repose.

This limitation of claims provision is intended to provide certainty and finality to potential disputes and to encourage prompt resolution of any issues that may arise.

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and Antonio Ibanez Coaching regarding our services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, relating to the subject matter of these Terms.

No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by both parties, except that we may modify these Terms by posting updated terms on our Website as described in the introduction to these Terms.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect and continue to be binding and enforceable.

These Terms represent the complete understanding between the parties regarding the subject matter and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements between the parties.

13.2 Assignment and Transfer

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent will be null and void. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

In the event of a permitted assignment by us, these Terms will be binding upon and inure to the benefit of our successors and assigns. You will be notified of any assignment that materially affects your rights or obligations under these Terms.

Your rights under these Terms are personal to you and may not be transferred to any other person or entity. This includes rights to access services, use digital products, or participate in programs, which are non-transferable except as explicitly permitted in these Terms.

Any purported assignment or transfer in violation of this provision will be null and void and may result in immediate termination of your access to our services.

13.3 Waiver and Severability

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Any waiver must be in writing and signed by the party against whom the waiver is sought to be enforced. Waivers are effective only for the specific instance and purpose for which they are given and do not constitute ongoing waivers of the same or other provisions.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired, and such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and these Terms shall be construed as if such invalid or unenforceable provision had never been included.

13.4 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, pandemic, government restrictions, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other causes beyond our reasonable control ("Force Majeure Events").

During Force Majeure Events, our obligations under these Terms will be suspended for the duration of such events, and we will make reasonable efforts to resume normal operations as soon as possible. We will provide notice of Force Majeure Events when reasonably possible.

If a Force Majeure Event continues for more than sixty (60) days, either party may terminate affected services or agreements upon written notice. In such cases, you may be entitled to refunds for unused portions of prepaid services, calculated on a pro-rata basis.

Force Majeure Events do not excuse payment obligations for services already provided or digital products already delivered, but may affect the timing of future service delivery or program schedules.

13.5 Notices and Communications

All notices required under these Terms shall be in writing and delivered to the email addresses provided during registration or purchase, or to [email protected] for notices to us. Notices are deemed received when sent to the last known email address, regardless of whether the email is actually received or read.

You are responsible for maintaining current and accurate contact information with us. We are not responsible for failed communications due to outdated or incorrect contact information. You can update your contact information by emailing [email protected].

Important notices may also be posted on our Website or provided through our service platforms. You are responsible for regularly checking for such notices and updates. Continued use of our services after notice of changes constitutes acceptance of such changes.

For legal notices or formal communications, we may also send notices by postal mail to any physical address you have provided. Such notices are deemed received three (3) business days after mailing to your last known address.

13.6 Interpretation

These Terms shall be interpreted and construed in accordance with their plain meaning and without regard to any presumption or rule requiring construction against the party responsible for drafting. Both parties acknowledge that they have had the opportunity to review and negotiate these Terms.

Headings and section titles are for convenience only and do not affect the interpretation of these Terms. References to "including" or "such as" are not limiting and mean "including without limitation" unless otherwise specified.

Words importing the singular include the plural and vice versa. Words importing gender include all genders. References to persons include individuals, corporations, partnerships, and other legal entities.

These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns. Time is of the essence for all obligations under these Terms.

14. Contact Information and Customer Service

For all inquiries, customer service requests, technical support, billing questions, or legal matters related to these Terms or our services, please contact us at:

Antonio Ibanez Coaching Email: [email protected] Website: www.antonioibanez.com Business Location: Zetland, NSW, Australia

We endeavor to respond to all inquiries within 48 hours during business days (Monday through Friday, Australian Eastern Standard Time). For urgent matters, please clearly indicate the urgent nature of your inquiry in the subject line of your email.

When contacting us, please include relevant details such as your name, contact information, order numbers (if applicable), and a detailed description of your inquiry or issue. This helps us provide more efficient and effective assistance.

For technical support issues, please include information about your device, operating system, browser, and any error messages you may have encountered. Screenshots or detailed descriptions of problems can help us diagnose and resolve issues more quickly.

15. Acknowledgment and Acceptance

By accessing our Website, purchasing our products, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. You also acknowledge that you have had the opportunity to seek independent legal advice regarding these Terms if desired.

You confirm that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are accessing our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

You understand that these Terms may be updated from time to time and agree to review them periodically. Your continued use of our services after any changes constitutes acceptance of the updated Terms.

These Terms are effective as of the date first set forth above and will remain in effect until terminated in accordance with the provisions herein.