Terms of Use

TERMS AND CONDITIONS

Welcome to www.yudanshi.com/ (our Site).

This Site gives you an opportunity to browse and purchase coaching and mentoring services by Yu Dan Shi (ABN 64 517 903 291) (Yu Dan Shi, we, us).

These Terms and Conditions (Terms) govern your use of this Site, as well as Yu Dan Shi’s products and services, and form a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully and contact Yu Dan Shi at yudan@yudanshi.com if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Yu Dan Shi’s products and services are intended for people aged 18 and over.

ACCEPTANCE OF TERMS

1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member or user, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.

GENERAL DISCLAIMER

3. All Yu Dan Shi products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, psychological, tax, specific business or other professional advice.  Use caution and always seek professional advice before acting on any information that we provide.

4. Yu Dan Shi provides support, guidance and tools for you to set goals and achieve results in your personal development, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.

5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

6. You acknowledge and agree that Yu Dan Shi is not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

EARNINGS AND INCOME DISCLAIMER

7. Yu Dan Shi cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our products and/or services.

8. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.

 
REGISTERING YOUR DETAILS

9. When purchasing any of our online courses, you must register an account with us either via our Site or if indicated otherwise, via an external website through our chosen third party platform provider.

10. We aim to choose third party platform providers that maintain your confidentiality, and have similar privacy policies and terms in place as our own, such that ours and a third party platform provider’s values and ethos are as consistent as possible.

11. You must provide accurate, complete and up-to-date registration information to us, or if indicated otherwise, to our third party platform provider, as requested, and it is your responsibility to inform us or our third party platform provider of any changes to your registration information.

12. We or our third party platform provider may at any time request a form of identification to verify your identity.

13. If you are a registered user or member to this Site, you acknowledge and agree that:

• You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
• You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
• You will immediately notify us if your Password is lost or becomes known to any other person;
• You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
• Any information you provide to us for posting or inclusion in our Yu Dan Shi Community, at any time, becomes our property.

14. To the extent that you provide personal information to us, Yu Dan Shi will treat such information strictly in accordance with its Privacy Policy.

15. If you are a registered user or member to another or external website operated by our third party platform provider, you acknowledge and agree to adhere to that third party platform provider’s independent terms and conditions.

16. To the extent that you provide personal information to our chosen third party platform provider, that information will be treated in accordance with that third party platform provider’s privacy policy.

17. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.

18. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

YOUR OBLIGATIONS

19. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Yu Dan Shi Community) or events in which you may post comments, photos, messages or other material (Your Content).  When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Yu Dan Shi Community any of the following:
• Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
• Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
• Information that includes personal or identifying information about another person without that person’s consent.
• Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
• Any information or content that impersonates any person or entity.
• Any material, non-public information about companies without authorisation to do so.
• Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
20. By posting or otherwise publishing Your Content on our Site or Yu Dan Shi Community, you:
• Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
• Warrant that you have the right to grant the above licences;
• Warrant that Your Content does not breach these Terms; and
• Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

21. We reserve the right (but have no obligation) to:

• Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

• Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

CONFIDENTIALITY

22. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Yu Dan Shi product and/or services participants (Participants) and representatives of Yu Dan Shi.

1. You agree:

• That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.

• Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.

• That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.

• That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

24. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

COPYRIGHT AND TRADE MARK NOTICES

25. All material on this Site, in our Yu Dan Shi Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial or personal use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.

26. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

27. The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Yu Dan Shi.  The trade marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to Yu Dan Shi, in any manner that is likely to cause confusion with customers, or in any manner that disparages Yu Dan Shi.

28. Nothing contained on this Site or in our Yu Dan Shi Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

29. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Yu Dan Shi will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

FINANCIAL TERMS

30. The cost, cancellation, and refund details of our products and services are set out below:

Product or Service	Minimum Duration / Cancellation	Refund
1:1 Coaching or Mentoring	In accordance with individual agreement	In accordance with clause 42, below.
Online course	Subscription can be cancelled within first 30 days of purchase for the course, whereby written notice is to be provided to yudan@yudanshi.com.	Only where evidence is supplied to us that the course was undertaken and all homework completed, within the first 30 days, and in accordance with clause 42, below.
Books	N/A	No refunds granted unless in breach of ACL.
Workshops/Events	One off attendance at events.	In accordance with clause 42, below.

31. Invoices for any Yu Dan Shi program are automatically generated and can be requested at any time by emailing yudan@yudanshi.com.

32. Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

• You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.

• If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

33. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.

34. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.

35. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

36. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.

37. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.

38. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.

39. From time to time, Yu Dan Shi may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.

TERMINATION AND REFUNDS

40. We reserve the right to terminate your use of the Site, Yu Dan Shi Community or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.

41. Upon termination, refunds are not provided for our products and/or services that have been rendered by us prior to termination, including where you have been given access to Our Content or our Yu Dan Shi Community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010, and the Australian Consumer Law (ACL) specified at Schedule 2 of that Act.

42. Otherwise, refunds will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the sole discretion of Yu Dan.  Any refund requests should be sent to: yudan@yudanshi.com.  Refunds are otherwise only permitted if we are in breach of the Australian Consumer Law.

43. Notwithstanding any other provisions in these Terms, to the extent that we are entitled to do so, Yu Dan limits its liability in respect of any claim under the ACL, to the following, at its option:

• in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and

• in the case of products, the replacement of the products or the supply of equivalent products, the repair of such products, the payment of the cost of replacing the products or acquiring equivalent products, or the payment of the cost of having the products repaired.

LIABILITY IS LIMITED

44. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under the Australian Consumer Law.

45. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Yu Dan Shi Community or Our Content.

46. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Yu Dan Shi Community or Our Content.

47. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

• Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).

• Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

• Accessing Sites or servers maintained by other organisations through links on our Site, Yu Dan Shi Community or products or services. Links are provided for convenience only. We do not endorse linked Sites nor their products and services and you access them at your own risk.

• The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

YOUR INDEMNITY

48. As a condition of your use of the Site and in any documents or materials accessible through the Site, 1:1 Coaching or Mentoring, workshops or events, e-books or other published materials, and other speaking engagements, you agree to indemnify us, our related companies and our directors, officers, employees and agents against any liability, damage, loss or costs (including legal costs on a solicitor/own client basis) that any of those parties incurs or suffers as a result of any action, inaction or omission on your part relating to this Site.

LINKS AND AFFILIATE DISCLOSURE

49. Our Site may contain links to external websites and third party platform providers which not owned or operated by Yu Dan Shi, such as Teachable, and/or other third party educational platform providers from time to time, where we do not accept liability for the availability or content of these external websites and/or or platforms. Your use of any linked websites and/or platforms will be subject to the terms of use and service contained within each external website and/or platform.

50. In the case of our referral to a specific external website, a third party platform provider, or a third party link, you must ensure that you read, understand and agreed to those terms of use, and in the case of the use of the Teachable platform, it is available here. All referrals and any such links are not operated by Yu Dan and are controlled by third parties (Third Party Links). We therefore accept no responsibility for clicking or accessing any Third Party Links and expressly disclaim any and all loss or damage that may arise from your use or access to any Third Party Links from our Platform. Your use of these Third Party Links will be subject to the terms of use and service contained within each respective Third Party Link pursued.

51. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Yu Dan Shi Community. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those products and services which are not our own.

52. We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain products and services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored products and services is for the purposes of that affiliation, endorsement and sponsorship only.  We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted products and services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

NO ASSIGNMENT

53. You cannot transfer or assign your Yu Dan Shi membership or user registration without Yu Dan Shi’s prior written consent.

54. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

DISPUTE RESOLUTION

55. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with these clauses 55-63.

56. Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.  In the case of notices against us, please notify us at yudan@yudanshi.com.

57. If the dispute is not resolved by agreement within five working days of the Second Party receiving the notice referred to in paragraph (55) above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five working days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited. The costs of the mediator shall be borne equally between the disputing parties. The chosen mediator shall determine the procedures for the mediation. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

58. Each party must attend and participate in the mediation in good faith.

59. If the parties have not mediated a resolution of the dispute within 10 working days of attending mediation, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it thinks fit in relation to the dispute.

60. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

61. Despite the existence of a dispute, controversy or claim, the parties must continue to comply with their obligations under the contract.

62. This clause survives termination of these Terms.

APPLICABLE LAW

63. These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the non-exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.

YOUR FEEDBACK

64. We welcome enquiries or feedback on our Site and services. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

65. If you have questions or comments regarding this Site, or Yu Dan Shi products or services, please email us at yudan@yudanshi.com.

Business Details

Trading Name: Yu Dan Shi

ABN: 64 517 903 291

Country: Australia
Email: yudan@yudanshi.com

 

APPENDIX

 

COMMUNITY GUIDELINES

We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.

• Keep it respectful
  Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.

• No pitching to the group
  We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.

• No gated content
  Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.

• Respect confidentiality
  Content gathered in our Yu Dan Shi Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.

• Keep it on topic
  We reserve the right to remove posts based on off-topic content or offensive content.

• Partnering with other members
  Access to this group does not mean that Soul Pleaser endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.

• Report posts that are breaking group policies
  Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.

Breaking the rules
If you are deemed to be breaking the rules of the group, Yu Dan Shi reserves the right to remove you from the Facebook group that the offending behaviour has occurred within.