Terms, Conditions & Privacy

Please find the Terms and Conditions of this website and services along with the Privacy Statement below. Alternatively you may prefer to download these in PDF format. Click here to download the Terms and Conditions and here to download the Privacy Statement.

Terms and Conditions

Privacy Statement

TERMS AND CONDITIONS

About the Website

This website is operated by Simon Hosea Yam trading as Dr Simon Yam Training and Consultancy under the domain name www.drsimonyam.com. These terms of use as varied from time to time (“Terms”) govern your use of the website and all its associated services. By accessing, browsing and/or using the website you will be deemed to have agreed to these Terms. If you do not wish to be bound by these Terms you must discontinue accessing, browsing and/or using the website.

Intellectual Property Rights

The material contained on the web site is protected by copyright. You may use the website for personal and non-commercial purposes only. You acknowledge that Dr Simon Yam Training and Consultancy website, special technology used in connection with the website, Dr Simon Yam Training and Consultancy services, all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within the website (“Dr Simon Yam Training and Consultancy content”) are provided by Dr Simon Yam Training and Consultancy or third-party providers and are the copyrighted works of Dr Simon Yam Training and Consultancy and/or such third parties. You may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of Dr Simon Yam Training and Consultancy content or our services in whole or in part unless expressly authorised by Dr Simon Yam Training and Consultancy or the relevant third party owner. You may not store any significant portion of any Dr Simon Yam Training and Consultancy content or Dr Simon Yam Training and Consultancy services or materials in any form. Under the Copyright Act 1968 and related amendments you are limited as to the amount of material that you may download, print, copy and/or cut and paste from the website. It is your responsibility to ensure that you do not infringe any applicable law. You may only download and print a reasonable quantity of copies of Dr Simon Yam Training and Consultancy content for non-commercial, personal or educational use only. The copies must contain any copyright or other proprietary rights notices that are contained in the original source. The copies must not be modified. You acknowledge that Dr Simon Yam Training and Consultancy and/or third-party providers remain the owners of Dr Simon Yam Training and Consultancy content and that you do not acquire any intellectual property rights in Dr Simon Yam Training and Consultancy content.

Logo

Dr Simon Yam Training and Consultancy name including Dr Simon Yam Training and Consultancy logo that appears throughout the website are trademarks of Dr Simon Yam Training and Consultancy. You are strictly prohibited from using, displaying or providing links to the Trade Marks without express permission from Dr Simon Yam Training and Consultancy.

Information Does Not Represent Professional Advice

The material provided on the website is provided as general information only. It is not intended as professional advice and must not be relied upon as such. Prior to entering into a transaction or taking any particular course of action in connection with the website, you should make your own inquiries and seek independent advice tailored to your specific circumstances and objectives.

Accuracy and Usefulness of Information

All material and information on the website is provided in good faith and is believed to be accurate and current as at the date of publication. However, Dr Simon Yam Training and Consultancy provides no warranty or guarantee that any material or information on the website or linked websites will be accurate or complete. Dr Simon Yam Training and Consultancy will not be liable for any damages whatsoever whether in an action in contract, negligence or other sort, arising out of or in connection with, access to the website or the information and material contained in it. All warranties of any kind are excluded to the maximum extent permitted by law. Dr Simon Yam Training and Consultancy makes no guarantee as to the usefulness of the material and information on neither the website, nor any of the products and services promoted on it or via linked websites. In particular, Dr Simon Yam Training and Consultancy makes no guarantee as to the appropriateness of the training courses selected by you and no guarantee as to the likelihood of employment which may be gained by virtue of any training undertaken.

Access

You agree and understand that Dr Simon Yam Training and Consultancy may prevent or restrict your access to the website for any technical, security and or any other reasons at its absolute discretion. Dr Simon Yam Training and Consultancy will advise you as soon as practicable of any restrictions imposed on your access to the website.

No Warranties or Representations

Dr Simon Yam Training and Consultancy does not exclude any rights or remedies available to you under the Trade Practices Act or equivalent State legislation that cannot be excluded or restricted. To the extent permissible by law, Dr Simon Yam Training and Consultancy makes no warranty or representation (express or implied) regarding the quality, accuracy, reliability, currency, performance, completeness or fitness for purpose of any part of the website or any of Dr Simon Yam Training and Consultancy content. Dr Simon Yam Training and Consultancy does not represent or warrant (expressly or impliedly) that the website or any of Dr Simon Yam Training and Consultancy content, or the facilities that make the website and Dr Simon Yam Training and Consultancy content available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to the website or any Dr Simon Yam Training and Consultancy content will be uninterrupted.

No Guarantees as to the Web Service

The website contains downloadable materials and links to external websites. Dr Simon Yam Training and Consultancy is not responsible for, and has no control over, the content of downloadable materials or external sites. You understand that Dr Simon Yam Training and Consultancy cannot and does not guarantee, warrant or represent that files or software of any kind, or from any source, available for downloading through the website, will be free of infection or viruses, worms, Trojan horses or other code or defects that manifest contaminating or destructive properties.

Links to Third Party Websites

The website may contain links and pointers to other websites operated by third parties. Third party links and pointers are included solely for your convenience. Links to third party websites do not constitute endorsement, sponsorship or approval by Dr Simon Yam Training and Consultancy of the content, policies or practices of those third party websites. You agree that by accessing any third party linked website you do so at entirely at your own risk. Dr Simon Yam Training and Consultancy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any goods or services available on or through any third party website.

Security

When using the World Wide Web, the Internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Dr Simon Yam Training and Consultancy. You assume all risk and liability of your use of the World Wide Web, the Internet or any such third party networks, including any access to the website via such media.

Copyright Complaints

Dr Simon Yam Training and Consultancy respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, write to us at 113 Westgrove Drive, Ellenbrook, WA 6069, AUSTRALIA with your complaint.

Coaching Service Terms

The terms and conditions below apply to all coaching provided by Dr Simon Yam of Dr Simon Yam Training and Consultancy to any individual or organisation (“the client”) and constitute the contract for the service to be provided by Dr Simon Yam for the client. The term ‘coaching’ as here used covers life coaching, personal coaching, academic coaching and business coaching for clients and where applicable includes mentoring or supervision services provided for coaches or others. In return for the fees payable by the client (or by a third party on their behalf), Dr Simon Yam agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client). The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact Dr Simon Yam to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions.

Life Coaching/ Personal Coaching/Mentoring/Supervision

Coaching sessions take place face to face with the client at an agreed location that best suits the client. This may either be a location on the university grounds, or at the client’s accommodation. Other forms of coaching contact may include cyber-communication using Skype, or by telephone other format where such is agreed. Unless otherwise agreed, the client is responsible for telephoning Dr Simon Yam at least 48 hours before should there be a change in agreed times. Dr Simon Yam is responsible for ensuring that he is available for consultation at agreed times. Length of Each Session: 1.5 hours or as agreed between Dr Simon Yam and the client. Number of Sessions to be provided: 18 hours of personal/life coaching (1.5 hrs X 2 sessions each month); 18 hours of academic coaching (1.5 hrs X 2 sessions each month) and an additional 4 bonus hours of added assistance in areas that need. Fees will be in accordance with Dr Simon Yam’s current Membership Fee (Gold and Silver Membership). Dr Simon Yam will confirm the fee in writing, usually by email, unless this is impractical.

Additional Sessions

Dr Simon Yam may agree to provide additional coaching sessions after completion of the initial agreed session(s). These terms and conditions will apply to any additional sessions so provided and the Per Session Fee will be $138.00 per hour (inc GST) as originally agreed except where Dr Simon Yam notifies the client in writing by letter or e-mail of a change to the Fee. Additional sessions run for a minimum of one hour.

Dates and Times of Sessions

The date and time of the first session and any subsequent session will be agreed between Dr Simon Yam and the client by phone or email and confirmed by Dr Simon Yam by email or letter. Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions”.

Prices and Payments

All prices quoted on the website are quoted in Australian Dollars (“AUD”) and are inclusive of GST. All payments to be made to Dr Simon Yam Training and Consultancy must be in AUD and must be inclusive of GST. A payment to be made to Dr Simon Yam Training and Consultancy must always be made in accordance with Dr Simon Yam Training and Consultancy payment terms that apply to that payment. Payments that are received in a currency other than AUD will not be accepted and any attempted registration by you in respect of the website or Dr Simon Yam Training and Consultancy content will be delayed until correct payment is made.

Payment Terms

Fees can be paid by Telegraphic Bank Transfer, or by credit card. Where receipts are requested by the client, they will be sent by e-mail unless otherwise requested. Fees are payable in advance of each coaching session. Where payment has not been received by Dr Simon Yam in advance of a coaching session, Dr Simon Yam is not obliged to provide the session.

Between Sessions

Dr Simon Yam may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes. Where possible, clients are requested to submit any information requested by Dr Simon Yam relating to assignments at least 24 hours before the coaching session when they are to be discussed. Dr Simon Yam will provide feedback on completed assignments during coaching sessions. The client may contact Dr Simon Yam by phone or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment). Additional coaching can also be provided between sessions but there will be an additional charge for this. Dr Simon Yam will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charges will be imposed without the client’s agreement.

Rearranging Sessions

If a client needs to rearrange a coaching session, they should provide at least 48 hours notice. No refunds will be given to clients for unused coaching sessions unless 48 hours notice has been given. In exceptional circumstances Dr Simon Yam may need to rearrange a coaching session. In those instances he will also give the client 48 hours notice where practical. Where a client pays for a session or sessions in advance they must have the coaching session(s) that they have paid for within 6 months of the payment or their fee is forfeited.

Confidentiality

Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else. Dr Simon Yam Training and Consultancy may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email. Any information collected by Dr Simon Yam Training and Consultancy is collected via correspondence from you. This may be via the telephone, Email, mail, fax or directly through our website.

Storage of Collected Information

The security of your personal information is important to us. When Credit Card details are collected, we process your payment immediately. We never permanently store complete Credit Card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

Early Termination

In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, Dr Simon Yam can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Dr Simon Yam where practicable and will be refunded any advance payments made for coaching sessions not yet provided. The client is entitled to terminate the service early at any time by giving written notice by email or letter. Such notice will take immediate effect as soon as it is received by Dr Simon Yam. In such a circumstance the client will be entitled to a full refund for any coaching sessions already paid for but not yet provided to the client and you will not be required to make any payment for coaching sessions not yet provided to the client.

Responsibilities

Dr Simon Yam will seek to enable the client to improve their quality of life or level of academic or business success and to achieve their desired outcomes. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client has sole responsibility for taking important decisions in their life or business. Dr Simon Yam has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or academic progress or business or to achieve their desired outcomes or goals.

Other Responsibilities

Dr Simon Yam is not responsible for, or to fully undertake the tasks of clients’ daily welfare, personal care, domestic and social obligations. These include grocery shopping, fuelling of vehicle(s), financial loans or debts, and other chores. Dr Simon Yam’s services are solely supportive in a coaching arena, and any requests for physical assistance outside of the agreed areas of assistance (agreed areas include seeking for accommodation, transport guidance, purchase of vehicle and furniture, application of government services) will incur an additional charge if Dr Simon Yam agrees to proceed. Additional charges are applicable if and when hours incurred fall outside of the 36 hours of coaching and 4 hours of additional assistance, and are $138.00 (inc GST) per hour, and has a minimum call out of 2 hours.

Mentorship and Coaching Agreement

Student clients are obliged to sign a Mentorship and Coaching Agreement with Dr Simon Yam prior to the first session. By using this Mentoring Agreement, both parties will enter the experience with realistic, healthy expectations. Dr Simon Yam will be able to offer the appropriate support and guidance to help student clients grow as professionals. Student clients will prosper by taking responsibility for their professional growth and having made a commitment to learn from constructive feedback. A copy of the Mentorship and Coaching Agreement is available on the website.

Variation of Terms and Conditions

Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Dr Simon Yam and the client and confirmed by Dr Simon Yam in writing by email or letter. In other cases, Dr Simon Yam may change any of these terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by letter or e-mail of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Dr Simon Yam.

Governing Law

This contract is governed by the law of Australia whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.

Feedback

Feedback about the service is welcomed and can be given during a coaching session or by writing to Dr Simon Yam at 113 Westgrove Drive, Ellenbrook, WA 6069, AUSTRALIA, or by email to admin@drsimonyam.com

Reservation of Rights

Any rights not expressly granted to you herein are reserved by Dr Simon Yam Training and Consultancy.

PRIVACY STATEMENT

Dr Simon Yam Training and Consultancy recognises the importance of your privacy and is committed to protecting any personal information we collect about you in accordance with the National Privacy Principles. For the purposes of this Privacy Statement, the word “you” includes website visitors, registered users and clients of Dr Simon Yam Training and Consultancy products and services. The purpose of this Privacy Statement is to inform you about:

  1. What personal information about you is collected by Dr Simon Yam Training and Consultancy;
  2. How the information is used;
  3. With whom the information may be shared;
  4. How you can access and change any personal information Dr Simon Yam Training and Consultancy holds about you;
  5. What security procedures are in place to protect the loss, misuse or alteration of your personal information by Dr Simon Yam Training and Consultancy;

This Privacy Statement applies to any personal information you provide to us:

  1. When visiting Dr Simon Yam Training and Consultancy website or other related websites affiliated with its parent site;
  2. When using Dr Simon Yam Training and Consultancy and its on-line services;
  3. When entering into an agreement with Dr Simon Yam Training and Consultancy;
  4. When you request Dr Simon Yam Training and Consultancy to forward information about yourself to third party credit providers for credit purposes;
  5. When you correspond, or communicate with Dr Simon Yam Training and Consultancy over the telephone or in any other manner including by letter, facsimile, email or cyber-communication methods.

Restrictions

Definition; “Your Information” means information you provide to us. You are solely responsible for Your Information. Your information must not, in any way whatsoever, be potentially or actually harmful to Dr Simon Yam Training and Consultancy or any third party, where ‘harm’ includes, but is not limited to non-economic loss. Your Information must not –

  1. Be false, inaccurate or misleading or deceptive;
  2. Infringe any confidentiality or privacy;
  3. Violate any applicable law, statute, ordinance or regulation (including, but not limited to those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices laws);
  4. Be defamatory, libellous, threatening or harassing.

Failure by you to provide personal information when requested by Dr Simon Yam Training and Consultancy and/or its training providers may mean that we are unable to provide certain services and products to you. The type of information that Dr Simon Yam Training and Consultancy collects about you is dependent on how you use the services offered on our website and other marketing materials and the products and/or services you are interested in purchasing through Dr Simon Yam Training and Consultancy. Dr Simon Yam Training and Consultancy will only collect ‘sensitive information’ about you in the event that it is necessary for the purpose of providing you with a product or service. Sensitive information includes (but is not limited to) information about your race or ethnic origin, your religion and your sexual preferences. In such circumstances, Dr Simon Yam Training and Consultancy will only collect sensitive information with your consent unless we are required by law to collect such information from you.

How We Collect Information

Dr Simon Yam Training and Consultancy may collect personal information about you when:

  1. you visit our website and you elect to use our online services;
  2. when you register as a Gold or Silver Member of the International Students from Asia Coaching Program (ISAC Program) of Dr Simon Yam Training and Consultancy;
  3. when you enter into a contract with Dr Simon Yam Training and Consultancy;
  4. when you deal with Dr Simon Yam Training and Consultancy over the telephone or correspond with Dr Simon Yam Training and Consultancy or its training providers via facsimile, letter or email or any other mode of communication.

How We Use Personal Information

Dr Simon Yam Training and Consultancy may use your personal information for one or more of the following purposes:

  1. to communicate with you, including via email newsletters;
  2. to facilitate and process contracts between yourself and Dr Simon Yam Training and Consultancy and/or third parties;
  3. to identify the number of people using Dr Simon Yam Training and Consultancy website services and establish the nature of their interests;
  4. to facilitate Dr Simon Yam Training and Consultancy registration;
  5. to conduct Dr Simon Yam Training and Consultancy marketing activities;
  6. to provide you with information about Dr Simon Yam Training and Consultancy and its services and products.

Dr Simon Yam Training and Consultancy may disclose your personal information to third party contractors who perform services for us including the management and maintenance of our accounts and information systems. Where your personal information is passed on to third party contractors, Dr Simon Yam Training and Consultancy takes reasonable steps to ensure that these individuals and/or organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. Other than as outlined above, Dr Simon Yam Training and Consultancy will not disclose your personal information without your consent unless disclosure is necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.

To Register Membership

To register for membership, you will need to register using our online registration form where you will be required to provide your personal particulars, travel itinerary, and payment details.

Storage and Protection Of Your Information

Dr Simon Yam Training and Consultancy takes reasonable steps to protect the security of your personal information in accordance with this Privacy Statement. Dr Simon Yam Training and Consultancy regularly reviews and implements new security and encryption technologies. Unfortunately, no data transmission over the internet can be guaranteed to be totally secure. Whilst Dr Simon Yam Training and Consultancy strives to protect such information, we cannot ensure or warrant the security of any information you transmit to us or obtain from our online products or services. Accordingly, use is at your own risk. Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.

Links To Other Websites

Dr Simon Yam Training and Consultancy website contains links to other websites. Please note that these links are intended for your convenience only. Links to third party websites do not constitute endorsement, sponsorship or approval by Dr Simon Yam Training and Consultancy of the content, policies or practices of those third party websites. If you have any concerns regarding your privacy when visiting a linked third party, you should ensure that you check the privacy statement/policies of those websites.

Destruction Of Your Personal Information

Dr Simon Yam Training and Consultancy will take reasonable steps to destroy or de-identify any personal information about you once the information is no longer required for the purposes for which it was collected or as authorized or required by law.

Changes To Privacy Statement

From time to time, Dr Simon Yam Training and Consultancy may make changes to this Privacy Statement. Accordingly, we encourage you to periodically review this statement to remain informed about how we collect and protect your personal information. Your continued use of Dr Simon Yam Training and Consultancy website constitutes your acceptance of the collection, use and disclosure of your personal information to the extent outlined in this Privacy Statement as amended from time to time. For further information about the protection of your privacy, please visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au