HOMESTEAD MINISTRIES

OVERCOMER GROUP COACHING TERMS AND CONDITIONS

WHO THESE TERMS APPLY TO

Homestead Ministries Pty Ltd ABN 52662870822 we, us or our) owns and operates this platform and the online group coaching program material content and resources (Content).

As the program purchaser and student, you are referred to as you or your throughout these terms and conditions (Terms).

SCHEDULE TO THESE TERMS

Group Coaching Program Details

(what is included in the Program/s)

The Program is a group coaching program which includes:

· Access to Holy Spirit led Christian Life Coaching, based on the Life and teachings of Jesus Christ, to help you overcome in life situations.

· Access to chat with other Group Members for learning and community.

· Supporting documents including: scripture, links to worship and praise, teaching, memes, declarations and more as identified.

· Encouragement and up-lifting conversations

· Receive prayer – including but not limited to deliverance and healing.

· This is a paid program – per 15 mins.

· The coach will be shown as on-line or not on-line.

No Guarantees

(As set out in these Terms we cannot guarantee any specific results as a result of our Program and in particular, cannot guarantee results for the items listed in the right hand column)

We cannot guarantee that, as a result of completing the Program you will:

· All coaching is provided as a foundation for ‘how to’ overcome any given situation in Jesus. It relies on the participate then applying this training to their own lives. While we use coaching to walk with you and support you, we are not responsible for, and can not guarantee your personal results. Any outcomes and results are based on your personal application of the coaching and teaching to your life.

Governing Law

Queensland state and Australian Federal Law

Privacy Policy

Privacy Policy – Homestead Ministries Pty Ltd

Homestead Ministries Pty Ltd is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect includes names, addresses, email addresses, phone and facsimile numbers.

This Personal Information can be obtained in many ways including correspondence, by telephone, by email, via our website www.homesteadministries.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

• For the primary purpose for which it was obtained

• For a secondary purpose that is directly related to the primary purpose

• With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

• Third parties where you consent to the use or disclosure; and

• Where required or authorised by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Homestead Ministries Pty Ltd will not charge a fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please go to our website to contact us www.homesteadministries.com.au

PART ONE – THE PROGRAM

1. Welcome

1.1 We own and operate the group coaching program (Program) and provide it through several different methods, including our website www.homesteadministries.com.au dialogue with you, email and other forms of communication. All of the platforms we use and the ways we communicate with you are referred to as the Platform in these Terms and include any website or third party forum such as Squarespace, Facebook, Zoom or Rumble Talk that we use.

1.2 These Terms come into effect when you register for the Program. In enrolling in the Program you agree to these Terms applying to you. You also agree to have read and understood any further terms and conditions as outlined on the Homestead Ministries Pty Ltd website.

2. Our contract with you

2.1 When you enrol in the Program, we will send you an email confirming receipt of your enrolment and confirmation you are accepted in the program. It is at this point a contract is in place between us.

2.2 To undertake the Program, we grant you a licence for personal and for non-commercial use for the limited, revocable, non-exclusive and non-transferable participation in the Program.

2.3 As part of that licence and the participation in the Program, you agree not to copy, reproduce, distribute or use the content included in our Program (Content). Further, you agree not to sell, transfer, lease, modify, distribute or publicly perform the Content.

2.4 If you breach this agreement by sharing our information or misusing it, we reserve the right to end your participation in the Program before it ends at our discretion.

3. Pricing of the Program

The Price of our Program is listed on our Platform at the time of purchase. While we try and ensure that all details, descriptions and prices that appear on our Platform are accurate, errors may occur. Where we become aware of any such error, we will endeavour to correct it as soon as we are reasonably able.

4. Payment

4.1 Payment must be made by the method you choose from our Platform and may be paid upfront or on a payment plan, depending on the price of the Program and our payment options (Payment).

4.2 Payment may be subject to additional fees, terms and conditions imposed by the third party payment processor we use (if any). Where a third party payment processor is used for Payment, please review the relevant fees and terms of that processer before choosing your payment method.

4.3 You will be charged in Australian dollars unless advised otherwise or unless the third party platform used requires otherwise, and where applicable, Goods and Services Tax (GST) will be added to the price.

5. The Program

The Program inclusions are set out in the Schedule to these Terms. We reserve the right to make changes to the Program at any time if we feel that they will be beneficial to the students in the Program at any given time. If we do propose to make a change, we will provide reasonable notice where we are able if you are mid-way through a Program, noting no such requirement is applicable where you have finished or graduated from a Program.

6. Your Obligations

When you register for the Program, you are making an agreement with us that you will:

(a) have access to an adequate internet connection;

(b) be able to participate in the Program without any interruptions;

(d) not record any sessions of the Program without our permission.

7. Group Coaching Sessions

Group coaching sessions with a coach (Coach) included in the Program (Coaching) is provided to you on the following basis:

(a) Coaching is not intended to be a substitute for psychological care or counselling or business or other advice and if this is required, we encourage you to seek an appropriately qualified professional for advice;

(b) you are required to comply with the confidentiality obligations set out at Clause 14; and

8. Refund Policy

In signing up to this Program, please note that we do not give refunds if you change your mind. Any refund will be at our absolute discretion. If you are unable to participate in the Program, we may choose, at our option, to postpone your participation to the next offering of the Program and this is our default option where you cannot participate in the dates for the intake of the Program into which you have enrolled.

Part 2 – Platform, IP, Limitation of Liability, CONFIDENTIALITY & Other General Clauses

9. Platform

When we refer to our Platform it also includes references to third party platforms, we use to deliver the program to you and which we currently use as at the date of these Terms or may use in the future. By accessing and/or using our Platform, you warrant to us that you:

(a) have reviewed these Terms and our Privacy Policy and note that these two documents together form our agreement with you;

(b) acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these Terms;

(c) have the legal capacity to enter into this agreement, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and

(d) agree to use the Platform in accordance with these Terms.

10. Limitation on claims

10.1 We have no liability to the extent that a failure of the Content or your use or implementation of the Content or the associated Coaching is caused by any act or omission on your part.

10.2 We do not guarantee that you will experience any change or transformation in your life and/or business as a result of participating in the Program.

10.3 Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to repair, replacement or re-supply of the goods or services.

10.4 Subject to Clauses 10.1, 10.2, 10.3 and 10.4, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to these Terms or in any other way out of or in relation to the supply of the services, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the services.

11. Warranty disclaimer

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

12. Intellectual Property rights

12.1 Unless otherwise indicated, we own or licence all intellectual property rights, title and interest in our Platform, Content and Program. Your use and access of our Platform and any Content does not grant or transfer to you any rights, title or interest in relation to our Platform, Program or Content and you agree not to, without our prior written consent:

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(1) altering or modifying any of the Content;

(2) causing any of the Content to be framed or embedded in another website or platform; or

(3) creating derivative works from the Content.

13. User Content

13.1 You may be permitted to post, upload, publish or submit relevant information and content, including reviews, on our Platform (User Content). By making User Content available to us, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, transmit, stream, broadcast, access, or otherwise exploit such User Content on, though, or by means of our Platform.

13.2 You agree that you are solely responsible for all User Content that you make available.  You represent and warrant that:

(a)      you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b)      neither the User Content nor the posting, uploading, publication or submission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

13.3 We do not endorse and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

14. Confidentiality

14.1 In this clause “Confidential Information” means any information which is shared during Coaching, whether by a Coach or by another participant, regardless of whether or not the information is specifically described as confidential.

14.2 Subject to Clause 14.3, in agreeing to these Terms and signing up for the Program, you agree to keep all Confidential Information confidential, not disclose any Confidential Information to another person and use best endeavours to prevent any such disclosure.

14.3 Confidential Information may only be disclosed by you to a third party where:

(a)      the disclosure is required by law, a court or another regulatory body, provided that you promptly advise us of the required disclosure; or

(b)      to the extent that the Confidential Information is or becomes publicly available other than by breach of these Terms.

14.4 You acknowledge that this Clause 14 is an essential term of these Terms. Where you are found to have breached this clause, we may immediately terminate your participation in the Program without any further liability to you.

15. Discontinuance

We may, at any time and without notice to you, discontinue our Platform in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

16. Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

17. No guarantees

17.1 While every effort has been made to accurately represent the Program, there is no guarantee that you will achieve the results desired. Your level of success in completing the Program depends on your compliance with your obligations under these Terms, the time you commit and other external factors and we cannot guarantee your success or any particular outcome or transformation, including the matters set out in the Schedule to the Terms under the heading “No Guarantees”.

17.2 You enter into the Program on this basis and agree to hold us harmless for failing to achieve any result desired or success in the Program.

18. Disclaimer

18.1 You acknowledge and agree to proceed with the Program on the following basis:

(d) we make no guarantee as to the likely outcomes or otherwise of participating in the Program or any other program, course, package or Coaching we offer; and

(e) notwithstanding any other clause in these Terms, while every participant has confidentiality obligations in joining the Program, we have no control over the actions of any of the participants in any Coaching session and will not be responsible for any injury, damage or harm caused by the intentional or accidental disclosure of your Confidential Information by a participant and you release us from all liability in this regard.

18.2 You warrant that you have not relied on any testimonials published by us as a reliance to purchase the Program.

19. Entire agreement

These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

20. Variation

We may modify these Terms from time to time by posting the amended Terms on our Platform. By continuing to participate in the Program after such modification, you agree to the amended terms. If you do not agree to the modifications, you must notify us immediately.

21. Severance

The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

22. Governing law

The Governing Law set out in the Schedule to these Terms governs them. You agree to submit to and be bound by the exclusive jurisdiction of the courts and tribunals in that jurisdiction.