Terms of Use

Thanks for taking the time to read our terms of use (Terms). If you have any questions about them, please email us at contact@nicolecolantoni.com.

Nicole Colantoni (we, us or our) operates this website located at www.nicolecolantoni.com (Website) and performs a range of services in connection with dating and relationships, including coaching, speaking and publishing content through our blog, newsletter, podcast and social media accounts (together, the Services).

By using the Services, you agree to these Terms. If you are an organisation, and a person (such as your employee) agrees to these Terms on your behalf, then both you and the person represent that the person is agreeing to these Terms on your behalf and has authority to bind you to these Terms.

These Terms form a binding contract that regulates your access to, and use of, the Services. The contract starts on the date you agree to these Terms, and continues until either party cancels or terminates your access to the Services (Term).

1               Services

1.1           We agree to perform the Services during the Term.

1.2           To access the Services, you need to:

(a)            be at least 18 years of age; and

(b)            provide accurate, complete and up-to-date information, so we can perform the Services.

1.3           You agree that:

(a)            nothing in the Services constitutes medical advice, counselling or therapy;

(b)            for diagnosis or treatment of a medical or mental health condition, you should talk to an appropriately qualified healthcare professional;

(c)            you are solely responsible for your use of the Services, including in implementing any recommendations made by us;

(d)            we make no representation about the outcome of using the Services, and any testimonial shared through the Website or the Services is only an example of one possible outcome;

(e)            our coaching sessions are performed by video call; and

(f)             we aren’t liable to you for any failure or delay in performing the Services arising out of any circumstance beyond our reasonable control.

2               Your responsibilities

2.1           In using the Services, you must comply with these Terms and all applicable laws.

2.2           You are responsible for:

(a)            any content or information that you submit using the Services (Content); and

(b)            maintaining and updating any software that you use to access and use the Services.

2.3           You must not:

(a)            try to get around any limits on the Services;

(b)            try to reconstruct or identify any source code, algorithms or underlying ideas in the Services;

(c)            use the Services for commercial purposes (including to compete against us);

(d)            use the Services to harm or offend others;

(e)            do anything that could damage, disable or impair the Services;

(f)             transmit any malicious software through the Services;

(g)            impersonate another person; or

(h)            submit any Content that includes an image or personal information of another person, unless you have their consent.

2.4           You agree that we are not responsible for monitoring Content, but we may modify, delete or refuse to display Content that breaches the law or these Terms.

3               Payment

3.1           You must pay us the fees specified on the Website, or otherwise agreed by the parties in writing (Fees).

3.2           Unless the parties otherwise agree in writing:

(a)            all amounts payable under these Terms are exclusive of any value-added tax;

(b)            we will invoice you the Fees (plus any value-added tax amount payable) in advance of performing the Services;

(c)            you must pay each invoice within 14 days after receipt, using the payment method specified in the invoice; and

(d)            except as required by law, Fees that you pay are not refundable.

4               Intellectual Property

4.1           In these Terms, Intellectual Property means all industrial and intellectual property rights throughout the world, and includes any copyright, moral right, patent, trade mark, design, circuit layout, trade name or business or company name.

4.2           You:

(a)            continue to own all Intellectual Property in your Content;

(b)            grant us a worldwide, royalty-free, non-exclusive licence for the Term to use your Content for performing the Services; and

(c)            warrant that the provision and use of your Content does not infringe the rights of any person.

4.3           We:

(a)            continue to own all Intellectual Property in the Services, any improvements to the Services, and any content or information that you access through the Services (other than your Content); and

(b)            grant you a worldwide, non-exclusive, non-transferable and non-sublicensable licence for the Term to use the Services.

5               Liability

5.1           To the extent permitted by law, we:

(a)            provide the Services ‘as is,’ and make no representations about their accuracy, availability, reliability or suitability;

(b)            exclude all guarantees, conditions and warranties, express or implied by law (Conditions), in connection with the Services; and

(c)            if any Condition applies to these Terms under any law, limit our liability for breach of the Condition to resupplying, or paying the cost of resupplying, the applicable Service. 

5.2           Neither party will be liable to the other party for any indirect or consequential loss (including loss of profits, loss of business revenue, loss of business opportunities, loss of anticipated savings or damage to goodwill) arising in connection with the Services or these Terms.

5.3           Our liability to you for any direct loss arising in connection with the Services or these Terms will be limited to the Fees paid or payable during the 12 months prior to the loss arising.

6               Termination

6.1           You may cancel your access of the Services at any time by giving sending an email to hello@nicolecolantoni.com. We will cancel your access to the Services within 14 days after receiving your request.

6.2           We may suspend or terminate your access to the Services:

(a)            immediately by written notice if you:

(i)             breach these Terms or use the Services in a manner that could cause us liability or disrupt others’ use of the Services; and

(ii)            fail to remedy the breach or misuse within 7 days after receiving written notice to do; or

(b)            at any time by giving 14 days’ written notice to you.

6.3           Clauses 4, 5, 6, 7 and 14 survive the termination of your access to the Services.

7               Confidentiality

7.1           In these Terms, Confidential Information means all information provided by one party to the other party in connection with these Terms, but does not include information that is publicly available through no fault of the recipient, is or becomes known to the recipient other than through a breach of confidentiality, or is independently developed.

7.2           A party may only use the Confidential Information of the other party for these Terms, unless the other party consents in writing.

7.3                  A party must not disclose the Confidential Information of the other party, except to its employees, officers, agents or contractors who need it for these Terms, as required by law, or if the other party consents in writing.

8               Privacy

8.1           In these Terms, Privacy Laws means any laws, regulations or codes of practice related to the protection of personal data applicable to you or us in connection with the Services.

8.2           Each party must, in relation to personal data obtained or held by it in connection with these Terms, comply with all applicable Privacy Laws.

9               Communications

You agree that we may send communications about us to your email address. At any time, you may choose to stop receiving these communications, by unsubscribing from our mailing list.

10            Third parties

You agree that we are not responsible for any third party content, or links to third party websites, included in the Services or the Website.

11            Dispute resolution

If there is a dispute arising in connection with these Terms, then neither party may start court proceedings (except for urgent injunctions), unless the parties first:

(a)            try to resolve the dispute by joint discussions in good faith; and

(b)            if mutually agreed, submit the dispute to mediation administered by the Australian Commercial Disputes Centre.

12            Amendments

We may amend these Terms from time to time, and display the current version on our Website. We will try to notify you beforehand if the amendment is significant, but some situations (for example, an amendment to satisfy legal requirements) might make it hard for us to do this. Any amendment to these Terms that is not made to the Terms on our Website, must be in writing signed by both parties.

13            General

These Terms do not create any agency, employment, partnership or trust relationship. These Terms are the parties’ entire agreement on this subject and supersede any prior agreements.

14            Governing law

These Terms will be interpreted under and governed by the laws of the State of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of that place and the courts of appeal from them.