This page tells you about the terms on which you may use our website, thekickingconsultant.com (“website”) or purchase our programs, our coaching sessions, our membership and digital downloads (collectively “services”). By using the website or purchasing our services, you accept these terms, and a legally binding contract is formed between you and us. If you don't accept these terms, please don't use the website or purchase our services. We may update these terms from time to time, so please check back regularly as any updates will apply to your use of the website and our services.

​

No guarantees

While our coaching and the content we make available to you as part of it is designed to improve your kicking or punting skills and performance you accept and agree that you are 100% responsible for your own performance and the benefits you gain from the services. We make no representations, warranties or guarantees verbally or in writing. You understand that your results may significantly vary with other clients and we do not guarantee that you will reach your goals as a result of participation in our services.

​

Digital products

On our website, guides and programs are available to purchase ("digital products”). The digital products are designed to help you develop and improve your kicking & punting. Please note that no specific outcomes are guaranteed in working through the programs as every experience is unique.

Upon purchase, you will be sent an email containing the PDF file and you are then free to download for your own personal use. You download the PDF and save it to your devices as soon as received, as the link will expire in 30 days and there are no guarantees that the PDF or download link can be resent.

While I make every effort to ensure that emails are virus, malware, or bug free, this cannot be guaranteed. It is therefore important that you utilise virus checking software for all emails received by me as I cannot be held liable for damage or loss you may suffer from any harmful material received from me.

Under consumer legislation, all sales of digital products are final and no refunds will be given unless the digital product is considered faulty. If you have any issues, please contact me for further guidance at josh@thekickingconsultant.com.

​

Intellectual property

• not rent, lease, sub-license, loan or otherwise make the Content available to any person;

• not copy the Content, except as part of the normal use of the Content;

• not translate, merge, adapt, vary, alter or modify the Content, nor allow the Content to be

  incorporated into other programs;

• not disassemble, decompile, reverse engineer or create derivative works from the Content;

  and

• comply with all applicable law when using the Content.

  If you breach these terms, you may lose your right to use our Content, and must destroy or return any copies you have made.

We are the owner or licensee of all intellectual property rights in all content we make available to you as part of the Membership, Coaching or anywhere else, including but not limited to programs, plans, videos, tutorials, documents, presentations, designs and illustrations (“Content”).

​

Confidentiality

All information provided by you and matters discussed between you and us (however received) are confidential. We will keep this information confidential and secure except where a disclosure of the information is required by law or any regulatory authority or you have given us your express written consent. The confidentiality obligations continue to apply following the termination of these terms and remain unless the confidential information becomes part of the public domain.

​

Payments and Refund Policy:

1. Payments: ​1.1 Payment for services, online programs, coaching sessions, and digital products offered by The Kicking Consultant ("Provider") must be made in accordance with the pricing and payment terms specified on the Provider's website. 1.2 The Provider reserves the right to change pricing and payment terms at its discretion. Any changes will be communicated to users prior to making a purchase.

2. Refund Policy: 2.1 The Provider maintains a no-refund policy for all purchases, unless otherwise determined by the Provider under reasonable circumstances. 2.2 In exceptional cases, the Provider may consider providing a refund based on its sole discretion. Such cases may include, but are not limited to, technical issues preventing access to services. 2.3 Refund requests must be submitted to the Provider in writing within 7 days from the date of purchase. Requests should be sent to josh@thekickingconsultant.com. 2.4 Refund requests should include the following information: - User's full name - Date of purchase - Reason for the refund request 2.5 The Provider will review refund requests on a case-by-case basis and will notify the user of the decision within 14 days from the date of receiving the request. 2.6 Refunds, if granted, will be issued using the same method of payment used for the original purchase.

3. Exceptions: 3.1 The Provider may, at its sole discretion, consider refund requests under reasonable circumstances that warrant special consideration. Such circumstances may include: - Technical issues preventing access to services or digital products. 3.2 Refund requests under exceptional circumstances should be submitted in writing to josh@thekickingconsultant.com along with relevant details and documentation.

4. Contact: For inquiries or assistance related to payments, refund requests, or any billing-related matters, please contact us at josh@thekickingconsultant.com

​

WEBSITE TERMS OF USE

​

Use of the website

You have permission for temporary use of the website, but we can withdraw or change our service at any time without telling you and without being legally responsible to you. You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

If you allow anyone else to use the website, you must make sure that they read these terms first, and that they follow them. If you download the website onto someone else’s device, it is your responsibility to ensure you have that person’s permission.

Only use the website as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.

We frequently update the website and amend it, but we don't have to do this, and material on the website may be out-of-date. No material on the website is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the website by anyone.

​

Where we roll out updates for the website, these will be to improve functionality and performance of the website, address security issues or reflect changes to the operating system. If you do not update the website when requested, it may no longer run as expected.

If you have any issues using the website, please contact us at ben@therugbytrainer.com. Acceptable use of the website

When using the website, you must not:

• use the website in an unlawful manner or act fraudulently or maliciously (including inserting malicious code into the website);

• infringe our intellectual property rights or that of a third party;

• transmit anything which is defamatory, offensive or otherwise objective;

• use the website in a way that could damage, disable, overburden, impair or compromise our

  systems; or

  • collect or harvest information from the website to attempt to decipher any transmissions to or from our servers.

​

Intellectual property rights in the website

We are the owner or licensee of all intellectual property rights in the website and the material posted onto it. It is protected by copyright. You are allowed to stream or download one copy of the website content onto your personal device, for personal purposes only.

You agree that you will:

• not rent, lease, sub-license, loan or otherwise make the website content available to any person without our prior consent;

• not copy the website content, except as part of the normal use of the website content;

• not translate, merge, adapt, vary, alter or modify the content, nor allow the website content

  to be incorporated into other programs;

• not disassemble, decompile, reverse engineer or create derivative works from the website

  content; and

• comply with all applicable law when using the content.

  If you breach these terms, you may lose your right to use our website content and must destroy or return any copies you have made.

  Liability

  We don’t guarantee the accuracy of material on the website. As far as legally possible, we exclude legal responsibility for the following:

• Any loss to you arising from use of the website

• Any indirect, special or consequential loss.

  We don’t make any warranties or guarantees about the services you may experience through your use of the website. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

  We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law. Our total liability to you under these terms is limited to twice the fees you have paid for our services.

  Uploading to the website.

​

If you upload material to the website and we don’t deem your usage to be acceptable, we can remove the content and end your use of the website. Material that you upload will be regarded as non- confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity. We won't be legally responsible to anybody for the accuracy of material that you upload to the website, and we can remove it at any time.

​

​

Membership & Online programs

These Terms and Conditions ("Agreement") are entered into between The Kicking Consultant, hereinafter referred to as the "Company," and any individual or entity accessing or using The Kicking Consultant website or its services, hereinafter referred to as the "Member."

1. Acceptance of Terms

By accessing The Kicking Consultant website and becoming a Member, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not access the website or use any of its services.

2. Membership and Programs

• The Kicking Consultant provides online training programs and a platform for Members to connect with the Company for questions and guidance related to the programs.

• The Company reserves the right to modify, suspend, or discontinue any aspect of the membership or programs at any time without prior notice.

3. Results and Outcomes

• The Company does not guarantee specific results or outcomes from participating in the membership or programs.

• Results may vary based on individual effort, fitness levels, and other factors.

• Members are encouraged to consult with healthcare professionals before starting any new fitness program.

4. Limitation of Liability

• The Kicking Consultant is not liable for any direct, indirect, incidental, consequential, or exemplary damages arising from the use of The Kicking Consultant website or its services.

• Members participate in programs and activities at their own risk.

5. Membership Fees and Refunds

• Membership fees are non-refundable, except as required by law.

• The Company reserves the right to change membership fees with prior notice to Members.

6. Intellectual Property

• All content provided by The Kicking Consultant, including but not limited to text, images, videos, and programs, is the intellectual property of the Company and is protected by copyright laws.

7. Privacy

• The Company collects and processes personal information in accordance with its Privacy Policy.

8. Governing Law

• This Agreement is governed by and construed in accordance with the laws of Australia.

9. Changes to Terms

• The Company reserves the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting.

By accessing The Kicking Consultant website and becoming a Member, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

If you have any questions regarding these terms, please contact us at josh@thekickingconsultant.com