Background 

Welcome to Everest Coaching! Everest Coaching is a buyer’s agent business coaching service that is owned and operated by Buyers Agent Institute Pty Ltd (ABN 81 621 362 016) of Australia (Everest Coaching, we, our, us). 

Operative Provisions 

  1. Our agreement with you

1.1. You may only enrol in the Everest Coaching Program if you: (a) are at least 18 years of age; (b) have read and agree to the Program Inclusions; (c) agree to the Fees and Payment Terms; and (d) agree to be legally bound by and accept these Everest Coaching Terms of Service (Terms of Service). 

1.2. When you enrol in the Everest Coaching Program, you enter into a legally binding contract with us (Enrolment) comprising: 

(a) the Program Inclusions; 

(b) the Fees and Payment Terms; and 

(c) these Terms of Service. 

1.3. If you do not agree to the Program Inclusions, Fees and Payment Terms and/or these Terms of Service, you must not, and cannot, enrol in the Everest Coaching Program, nor access or use Everest Coaching Services or Everest Program Content. 

1.4. The Fees and Payment Terms are available from us on request. You can request the Fees and Payment Terms by completing our Enquiry Form. 

1.5. If you enrol in the Everest Coaching Program, we will confirm the Program Inclusions and Fees and Payment Terms before your enrolment is completed and then again by email to your nominated email address promptly after you have enrolled. 

  1. Term of Enrolment

2.1. Each Enrolment will commence on the later of: 

(a) the date of your acceptance of these Terms of Service and the signing of your contract; or 

(b) the date of our receipt of your first payment of the Fees in accordance with the Payment Terms, 

(Commencement Date). 

2.2. Your Enrolment will continue from the Commencement Date for a period of 12 months (Minimum Period), and upon expiry of the Minimum Period, your Enrolment will automatically extend for subsequent consecutive 1 month periods (each, a Renewal Period), until and unless either party notifies the other party in writing that it wishes to terminate the Enrolment at least 30 days prior to the expiry of the Minimum Period or the then current Renewal Period (as applicable) (time being of the essence), in which case if such notice is provided, your Enrolment will terminate at the end of the Minimum Period or the then current Renewal Period (as applicable). 

  1. About the Everest Coaching Program

3.1. Our Everest Coaching Program is designed to teach and coach people how to become successful property buyer’s agents. 

3.2. The Everest Coaching Services are delivered via online meetings or sessions (such as via Zoom and 1:1 private chat) and by telephone; and recordings of those sessions and other audio-visual content referred to in those sessions, will be made available to you for a limited time after they are recorded via the Everest Online Platform (together, the Everest Program Content). 

3.3. We do not make any representation that you will be successful as a buyer’s agent or as an operator or owner of a buyer’s agent business by enrolling in the Everest Coaching Program or by using Everest Coaching Services or accessing Everest Program Content. 

3.4. You acknowledge that: 

(a) actual results as a buyer’s agent will depend on a range of factors, including your experience, work-ethic, abilities, network and the real estate market at relevant times; 

(b) no representation has been made by us as to the future income, expenses, sales volume or potential profitability that may be derived from your participation in the Everest Coaching Program; 

(c) prior to deciding to become a property buyer’s agent you must independently consider all relevant legal, financial, business and commercial issues that are associated with such a decision; and 

(d) you must not bring any claim against us associated with your decision to become a buyer’s agent or in respect of any of the matters referred to in paragraphs (a) – (c). 

  1. Your obligations

4.1. If you Enrol in the Everest Coaching Program you must comply with this clause 4. 

4.2. Apply Yourself: You must apply yourself during the Everest Coaching Program. 

4.3. Learn: You must read all reading materials, watch all online educational videos and view all other Everest Program Content for the Everest Coaching Program. A substantial amount of Everest Program Content is interactive – you must actively participate in the Everest Coaching Program. 

4.4. Attend Everest Coaching Sessions: You are expected to attend all scheduled coaching sessions in accordance with the Everest Coaching Program or keep up to date with the recordings when you are unable to attend such sessions. 

4.5. Be respectful of one another: You must not behave in an antisocial or disruptive manner towards any of our staff or other students in the Everest Coaching Program. If you engage in antisocial or disruptive behaviour, you may be asked to leave the Everest Coaching Program, and we reserve the right to cancel your Enrolment if the behaviour persists. 

4.6. Non-solicitation: You will not employ or engage, or attempt to employ or engage, any of our staff who were involved in any way in the delivery of the Everest Coaching Program or any Everest Coaching Services to you, to provide any educational, training, mentoring, coaching or professional development services to you or others independently of us. 

4.7. Protect your User Account: You must not share the username or password for your User Account with any person. 

4.8. No Recording: You cannot record any coaching, mentoring or training sessions comprising part of the Everest Coaching Services or any other content delivered via the Everest Online Platform. 

4.9. Protect our Intellectual Property: You will not copy, distribute, upload to any digital source, upload to the public domain, sell in any capacity, share or disclose, any Everest Program Content to anyone. 

4.10. Comply with Applicable Law: You must comply with Applicable Law at all relevant times. 

  1. Program Inclusions

5.1. If “Group Coaching Calls” is specified in the Program Inclusions for your Enrolment, then we will during the Term: 

(a) approximately every 2 weeks, conduct a 45-60-minute coaching session online for a group of participants (each, a Group Coaching Call); 

(b) schedule each Group Coaching Call in advance at a time selected by us; and 

5.2. If “LIVE Intensive Bootcamp” is specified in the Program Inclusions for your Enrolment, then we will during the Term: 

(a) conduct LIVE Intensive Bootcamps via video conference, as a live event, and/or the Everest Online Platform for participants (each, a LIVE Intensive Bootcamp) 

(b) schedule each LIVE Intensive Bootcamp in advance at a time selected by us; and 

(c) shortly after each LIVE Intensive Bootcamp, make available to you via the Everest Online Platform, the recordings of the LIVE Intensive Bootcamp for a limited time, so that you are able to view it again, or catch up if you were unable to attend at the scheduled time. 

5.3. If “Fortnightly Training With Industry Leaders” is specified in the Program Inclusions for your Enrolment, then we will during the Term: 

(a) approximately every 2 weeks, conduct an interview and training session with an industry thought leader via video conference and/or the Everest Online Platform (each, a Fortnightly Training With Industry Leader); 

(b) schedule each Fortnightly Training With Industry Leader in advance at a time selected by us; and 

(c) shortly after each Fortnightly Training With Industry Leader, make available to you via the Everest Online Platform, the recordings of the Fortnightly Training With Industry Leader for a limited time, so that you are able to view it again, or catch up if you were unable to attend at the scheduled time. 

5.4. If “Private Chat Support” is specified in the Program Inclusions for your Enrolment, then we will during the Term: 

(a) supply you with access to our personnel for a 1:1 private chat for you to chat with them and ask them general questions about being a buyer’s agent; and 

(b) we will use reasonable endeavours to ensure that such personnel respond to your chats and general questions within a reasonable time. 

  1. Fees and Payment Terms

6.1. Our Fees for supplying the Everest Coaching Program are specified and payable in Australian dollars and include all applicable goods and services tax (GST). 

6.2. The Fees due in respect of the Minimum Period are payable in 12 equal monthly instalments, each month in advance. The fees due in respect of any Renewal Period shall be the same amount as the monthly instalments that were payable during the Minimum Period, and are also payable monthly in advance. 

6.3. If you enrol in the Everest Coaching Program, you will not be given access to the Everest Online Platform until you have paid the first instalment of the Fees in accordance with the Payment Terms. 

6.4. If you fail to make any payment due to us pursuant to your Enrolment in accordance with the Payment Terms then, without limiting any of our other rights and remedies: 

(a) we may suspend your Enrolment (in whole or in part) and your access to the Everest Coaching Services and/or Everest Coaching Content (in whole or in part) until you pay any outstanding amounts; 

(b) we may refuse to deliver any Everest Coaching Services and/or Everest Program Content; and/or 

(c) we may terminate your Enrolment and/or your User Account under clause 10.1. 

6.5. Please note that we may amend our Fees and Payment Terms from time to time. Any changes to our Fees and Payment Terms will not apply to any then existing Enrolments. 

  1. Cancellations and refunds

7.1. If for any reason you are unsatisfied with the Everest Coaching Program or the Everest Coaching Services, you can cancel your Enrolment at any time, subject always to clause 10.3. 

7.2. You are not entitled to any refund of any Fees paid for the Everest Coaching Program (including where you cancel your Enrolment), unless such refund must be provided under non-excludable Applicable Law. 

7.3. Any request by you to cancel an Enrolment in the Everest Coaching Program or for a refund must be made via our Enquiry Form. 

  1. The Everest Online Platform and Everest Program Content

8.1. During the Term of your Enrolment, you will have non-exclusive, non-transferable, non-sublicensable access to the Everest Program Content via the Everest Online Platform and Everest Coaching Services that we make available to you as part of the Everest Coaching Program. 

8.2. You must not, and you must not permit any person or entity to: 

(a) copy, alter, modify, tamper with, create derivative works from, reproduce, resell, transfer to a third party, reverse assemble, reverse engineer, reverse compile or enhance, the Everest Online Platform, Everest Program Content or any trade marks, any patent or copyright notices, or any confidentiality legend or notice, or other means of identification, used on or in relation to the Everest Online Platform or Everest Program Content; 

(b) access the Source Code underlying the Everest Online Platform; 

(c) remove, interfere with, bypass and/or circumvent any security or technical protection measures in the Everest Online Platform or on any Everest Program Content; 

(d) use the Everest Online Platform or Everest Program Content in any manner that breaches Applicable Law or violates any legal rights of any person in any jurisdiction (including any person’s privacy, such as by way of identity theft); 

(e) license, sublicense, resell, assign, transfer, distribute, or provide others with access to, the Everest Online Platform, Everest Coaching Services or Everest Program Content; 

(f) record or download audio-visual, text or other content that we make available to you via the Everest Online Platform or Everest Program Content, unless expressly permitted by us; 

(g) “frame”, “mirror” or serve any part of, or content in, the Everest Online Platform or the Everest Program Content on any web server or other computer server over the Internet or any other network; 

(h) store, transmit, distribute or introduce malicious programs into our systems, network or servers (e.g., viruses, worms, trojan horses, e-mail bombs); 

(i) carry out security breaches or disruptions of network communication (security breaches include accessing data in respect of which you are not an intended recipient, logging into a server or account that you are not expressly authorised to access, corrupting any data, network sniffing, pinged floods, denial of service and forged routing information for malicious purposes); 

(j) execute any form of network monitoring that will intercept data not intended for you; 

(k) circumvent any user authentication or security features on the Everest Online Platform or in the Everest Program Content; 

(l) interfere with or deny service to anyone; or 

(m) use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s access or use of the Everest Online Platform or Everest Program Content. 

  1. Intellectual Property Rights

9.1. As between you and us, we own all Intellectual Property Rights in the Everest Online Platform, Everest Coaching Services and Everest Program Content. 

9.2. All Intellectual Property Rights in any comments that you disclose to us in connection with the Everest Online Platform, the Everest Coaching Program, Everest Coaching Services or Everest Program Content, and requests for new professional Everest Coaching Program content, services or materials (each, an Improvement Suggestion) become our sole and exclusive property immediately upon you disclosing the Improvement Suggestion to us. You hereby assign all Intellectual Property Rights in all and any Improvement Suggestions to us effective immediately upon their disclosure to us. 

9.3. You irrevocably consent to the infringement by us and any third party we authorise of all Moral Rights that you may have in any Improvement Suggestions. 

9.4. You must not, and you must not permit any person or entity to, take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights. 

  1. What can happen if you don’t adhere to these Terms of Service

10.1. If you don’t adhere to these Terms of Service, we reserve the right to terminate your Enrolment and/or your User Account at our sole discretion. Before doing so, we may discuss the matter with you and, where reasonable, give you an opportunity to remedy your breach. 

10.2. Termination of your Enrolment or User Account does not affect your or our accrued rights. 

10.3. Without limiting any other rights or remedies available to us, if an Enrolment is cancelled or terminated prior to the expiry of the Minimum Period (other than due to our breach or if we suffer an Insolvency Event), in addition to paying any amount of the Fees that was due for payment prior to the cancellation or termination, you must pay 90% of the Fees that  would have been payable by you under your Enrolment in the Everest Coaching Program during the remainder of the Minimum Period (the Outstanding Amount). If an Outstanding Amount is payable, we shall send you a tax invoice in respect of the Outstanding Amount and you will pay that invoice within 30 days. You agree that: (i) payment of the Outstanding Amount is not intended to be, and will not be construed as punitive and will compensate us for reasonable losses resulting from early termination of the Agreement; and (ii) the Outstanding Amount is no more than is necessary to compensate us for our genuine pre-estimate of loss that we will suffer as a result of the early cancellation or termination of your Enrolment. 

  1. Liability

11.1. Except to the extent such loss cannot be excluded under non-excludable Applicable Law, neither party is liable to the other party for any loss of profits (other than caused by your failure to pay the Fees), loss of business opportunity, loss of revenue (other than caused by your failure to pay the Fees) or loss of savings, whether arising in contract, tort (including negligence) or otherwise, and whether the loss or damage is foreseeable or not. 

11.2. Except to the extent such loss cannot be excluded under non-excludable Applicable Law, a party’s aggregate liability for all claims for loss or damage that the other party may incur in respect of or in connection with your Enrolment, that is not otherwise excluded by these Terms of Service, is capped at an amount equivalent to the quantum of the Fees paid or payable by you. 

11.3. Where liability for breach of any guarantees under the Australian Consumer Law can be limited, our liability arising from any breach of those guarantees (if any) is limited, at our option: (i) with respect to the supply of goods, to the replacement or repair of the goods or the cost of resupply or replacement of the goods; and/or (ii) with respect to services, to the supply of the services again or the cost of re-supplying the services again. 

11.4. Other than any non-excludable guarantees implied into your Enrolment under the Australian Consumer Law and other non-excludable Applicable Law, all conditions, warranties and guarantees that would be implied in your Enrolment are hereby excluded. 

  1. General

12.1. Privacy: We agree to comply with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). Please see our Privacy Policy for further information about how we manage your personal information. 

12.2. Email / SMS: You consent to us sending electronic mail and SMS to you about your Enrolment or the Everest Coaching Program that we think you might be interested in. You may opt out of all such communications or withdraw your consent using the unsubscribe link or by notifying us via our Enquiry Form. 

12.3. Testimonials: By enrolling in the Everest Coaching Program, you consent to our use of your name and a description of your experience with the Everest Coaching Program in our promotional and marketing materials (including, on the Everest Online Platform). 

12.4. Severance: If any part of these Terms of Service is held to be unenforceable or invalid in any jurisdiction, it will be severed from these Terms of Service, and the remaining provisions (and, where part of a provision is severed, the remaining part of the provision) of these Terms of Service will remain valid and enforceable. 

12.5. Notice: You may issue notices to us by submitting our Enquiry Form. We may notify you using any contact details that you have provided to us. 

12.6. Jurisdiction & Applicable Law: These Terms of Service will be interpreted in accordance with the laws in force in New South Wales. You and we irrevocably submit to the non-exclusive jurisdiction of the courts situated in New South Wales with respect to any dispute concerning these Terms of Service or your Enrolment. 

12.7. Entire Agreement: The components of an Enrolment set out in clause 1.2 constitute the entire agreement between you and us regarding the Enrolment and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing in connection with the Enrolment. 

  1. Dictionary

13.1. Definitions 

In this Agreement: 

Applicable Law means any applicable legislation, regulation, rule of the general law in Australia or other applicable jurisdiction, including common law and equity, judicial order or consent or requisition from, by or with any governmental agency. 

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth). 

Enquiry Form https://buyersagentinstitute.com.au/about/program/ 

Enrolment has the meaning given in clause 1.2. 

Everest Coaching Program means a program for the provision of Everest Training Services comprising the Program Inclusions. 

Everest Online Platform means https://buyersagentinstitute.com.au/about/program/ 

Everest Program Content has the meaning given in clause 3.2. 

Everest Coaching Services means the supply of the Everest Program Content via the Everest Online Platform and the supply of the Program Inclusions. 

Fees means the fees that we specify to you for the Everest Coaching Program before you complete your enrolment in it. 

Improvement Suggestion has the meaning given in clause 9.2. 

Insolvency Event means, in respect of a party: (a) the party ceases to carry on business, is unable to pay its debts as and when they fall due, or is deemed to be insolvent or bankrupt; (b) a receiver or a liquidator or provisional liquidator or an administrator is appointed to the party, or an application (including voluntary application filed by that party) is lodged or an order is made or a resolution is passed for the winding up (whether voluntary or compulsory) or reduction of capital of that party; (c) the party enters into an arrangement with its creditors; (d) where the party is a partnership, the partnership is dissolved or an application is made for its dissolution; (e) the party suspends payment of its debts to the other party or a third party, or the party takes the benefit of any law for the relief of insolvent debtors; or (f) anything analogous or having a substantially similar effect to any of the events described in (a) through (e) above occurs under the law of any applicable jurisdiction. 

Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under Article 2 of the Convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights. 

Moral Rights has the meaning given in the Copyright Act 1968 (Cth). 

Payment Terms means the payment terms that we specify to you for payment of the Fees for the Everest Coaching Program before you complete your enrolment in it that you select. 

Program Inclusions means the features of the Everest Coaching Program that we specify to you before you complete your enrolment in it. 

Source Code means software code expressed in human readable form. 

Term means the Minimum Period and any applicable Renewal Periods. 

User Account means an account on the Everest Online Platform that we activate for you when you enrol in the Everest Coaching Program. 

Interpretation 

In these Terms of Service: 

(a) Headings and underlinings do not affect the construction of these Terms of Service. 

(b) A provision of these Terms of Service will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision or because the party’s legal representative prepared the provision. 

(c) Currency refers to Australian dollars unless specified otherwise. 

(d) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, a government body, a government department, and any other legal entity. 

(e) The words “includes”, “including”, and similar expressions are not words of limitation.