Effective Date: 10th of December 2025

These Terms & Conditions (Terms) govern your use of:

The Performastery website (www.performastery.com.au and associated domains)

Any client portal or online learning platform we provide

Any resources, programs, workshops, coaching sessions, tools, templates, or digital materials offered by Performastery Pty Ltd (Performastery, we, us, our)

By accessing our website, client portal, programs, or digital resources, you agree to be bound by these Terms, our Privacy Policy, and any additional terms specific to your program or service.

If you do not agree, please do not use our website, client portal, or services.

1. Contact Consent & Communication Compliance

By providing your email address or phone number, you give express consent for Performastery to contact you about our programs, updates, events, and services by email, phone, SMS, or similar channels.

You may opt out any time by emailing [email protected] or using unsubscribe features.

Performastery complies with:

Spam Act 2003 (Cth)

Do Not Call Register Act 2006 (Cth)

Privacy Act 1988 (Cth) and Australian Privacy Principles

By communicating with us, you consent to calls or digital sessions being recorded for quality or training where permitted by law.

2. Use of the Performastery Website

You may browse and use the website for lawful, personal, and non-commercial purposes. You agree not to:

Copy or distribute website materials without permission

Attempt to interfere with the website’s functionality or security

Use the website for fraudulent, abusive, harassing, or illegal activity

Upload harmful content (including malware or defamatory content)

Scrape or harvest data for commercial use or competitive purposes

We may restrict your access if we believe your behaviour violates these terms.

3. Client Portal Access & Responsibilities

Performastery provides a secure client portal for enrolled participants or contracted clients to access:

Program materials

Recordings (where permitted)

Tools, templates, and worksheets

Coaching resources

Group forums or community spaces

Personal development plans or reflective activities

a. Login Credentials

You will receive a unique username and password.

You are responsible for keeping your login confidential.

You must not share portal access with others; sharing constitutes unauthorised distribution and may result in termination of access without refund.

b. Portal Availability

While we aim for consistent access, availability is not guaranteed. There may be maintenance, updates, or outages. We will notify you where reasonably possible.

c. Permitted Use

You receive a personal, non-transferable, non-exclusive licence to access materials for the duration of your program.

You may:

Download permitted worksheets for personal or internal professional development

Access recordings for a limited time, where included in your program

Use coaching tools for your own learning or leadership development

You may not:

Share materials with colleagues, friends, or organisations unless expressly stated in your agreement

Record portal content (including group workshops, videos, or audios)

Upload our IP to shared drives, social media, or team platforms

Copy, resell, or repurpose our content for commercial use

Use portal access after your subscription or program ends

d. Community Conduct

If your program includes group forums or discussion spaces, you agree to:

Respect confidentiality

Uphold psychological safety

Avoid harassment, discrimination, or inappropriate behaviour

Not disclose another participant’s stories outside the program

Performastery may remove anyone whose behaviour breaches these standards.

4. Intellectual Property Rights

All website and portal content is owned by Performastery Pty Ltd, including:

Program frameworks (e.g., SPRINT, HURDLES, Honed Habits Integration)

Workbooks, templates, scripts, activities, and models

Videos, audios, slides, and exercises

Coaching tools and leadership frameworks

Branding, logos, designs, and written content

You receive usage rights, not ownership.

You must not:

Copy, publish, sell, present, or recreate our materials

Deliver our IP as your own training

Repackage resources for commercial distribution

Remove branding or copyright notices

Corporate licensing may be arranged separately if an organisation wishes to embed materials in internal systems.

5. Program Participation & Coaching Relationships

Performastery provides leadership development, coaching, and education. You acknowledge that:

We do not provide medical, psychological, legal, or financial advice

Coaching is not counselling or therapy

You remain responsible for decisions and outcomes in your workplace and life

Results vary between participants

We make no guarantee of promotions, salary increases, or specific leadership outcomes.

6. Online Commerce & Payments

If you purchase from the website or client portal:

You represent that all payment details you provide are accurate

You authorise Performastery to process applicable charges

You will not engage in fraudulent or speculative purchases

Refunds

Each program, workshop, or event specifies its own refund policy.
Where not otherwise stated, your rights fall under the Australian Consumer Law (ACL):

You may be entitled to a remedy if a service is not delivered with due care and skill or does not match its description

Change-of-mind refunds are not guaranteed unless expressly offered

7. Confidentiality

Performastery maintains confidentiality in coaching and group environments, except where disclosure is required by law (e.g., risk of harm, criminal behaviour).

Participants must also maintain confidentiality regarding:

Other participants’ personal information

Shared experiences and discussions

Portal content and recordings

Breach of confidentiality may result in removal from programs or portals without refund.

8. Disclaimers

To the maximum extent permitted by law:

The Site and portal are provided “as is”

We do not guarantee uninterrupted or error-free access

We are not liable for third-party platform performance (Zoom, Kajabi, Thinkific, GHL, etc.)

Nothing in these terms excludes your rights under the Australian Consumer Law.

9. Limitation of Liability

Performastery’s liability is limited to the fullest extent permitted by law.

Except where the ACL requires otherwise, we are not liable for:

Loss of profits, opportunities, productivity, or business outcomes

Damages caused by reliance on our content or coaching

Decisions you make based on program learnings

Delays, technical issues, or data loss

If a remedy is required under the ACL, we will either:

Re-supply the service, or

Cover the cost of re-supplying the service

10. Privacy Compliance

We handle personal information in accordance with:

Privacy Act 1988 (Cth)

Australian Privacy Principles

Queensland Human Rights Act 2019 (right to privacy)

See our full Privacy Policy for details.

11. Termination of Access

Performastery may suspend or terminate access to the Site, portal, community, or program if:

You breach these Terms

You misuse IP or share materials without permission

You behave inappropriately within group settings

Payment fails and remains unresolved

Termination does not remove your obligations under these Terms.

12. Governing Law

These Terms are governed by the laws of:

Queensland, Australia

Any disputes will be handled in Queensland courts unless both parties agree to alternative resolution.

13. Contact Information

For questions about these Terms, email:

[email protected]