Privacy Policy & Terms & Condition
Effective Date: 17/09/2025
Website: https://tomkhacoach.org
Business Name: Tom Kha Coach
Company Name: Challengedeepconnection Pty Ltd
ABN: 13 633 796 139
ACN: 633 796 139
Privacy Policy
1. Collection of Personal Information
Challengedeepconnection Pty Ltd trading as Tom Kha Coach (“we”, “our”, “us”) respects your privacy and is committed to protecting your personal information.
We comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and where applicable, the General Data Protection Regulation (GDPR) (EU).
By using our website or services, you agree to this Privacy Policy.
1. Collection of Personal Information
We may collect personal information when you subscribe to newsletters, register for programs or events, download resources, make payments, or contact us.
Collected information may include your name, email, phone number, address, occupation, date of birth, and payment details (processed securely through Stripe or PayPal).
2. Use of Personal Information
We may use your personal information to deliver coaching services, send newsletters and marketing, process payments, improve services, and comply with legal obligations.
3. Disclosure of Information
We do not sell or trade your information. We may disclose to service providers (Stripe, PayPal, Kajabi, Mailchimp, Google Analytics), regulators, or as required by law.
4. Marketing Communications
We may send marketing in accordance with the Spam Act 2003 (Cth) and GDPR. You may unsubscribe at any time.
5. Cookies & Analytics
We use cookies and Google Analytics to improve services. You may disable cookies in your browser, but some features may not work properly.
6. International Users
If you access the Site outside Australia, you consent to your data being transferred and processed in Australia and other jurisdictions.
7. Data Security
We take reasonable steps to protect information, but no method is 100% secure. You accept this risk by using our Site.
8. Access & Correction
You may request access to or correction of your personal information at any time by contacting us.
9. Contact Us
Email: tomkhacoach@gmail.com
Address: Suite 187, 585 Little Collins St, Melbourne VIC 3000, Australia
Terms & Conditions
Effective Date: 17/09/2025
Website: https://tomkhacoach.org
Business Name: Tom Kha Coach
Company Name: (Challengedeepconnection Pty Ltd
ABN: 13 633 796 139
ACN: 633 796 139)
By using this website, purchasing services, or registering for programs, you (“Client”, “you”) agree to these Terms & Conditions.
1. Use of Website
You agree not to disrupt the Site, upload malicious code, attempt unauthorised access, or use the Site for unlawful purposes.
2. Ingterllectual Property
All content is the property of Tom Kha Coach unless otherwise stated. You may not copy or distribute without consent.
Testimonials or feedback may be used by us for business purposes under licence.
Services must be paid in full before commencement unless agreed otherwise. Payments are processed securely via Stripe or PayPal. We do not store card details.
4. Services & Payments
We comply with the Australian Consumer Law (ACL).
– Change of Mind: No refund is required if you change your mind or fail to use services.
– Consumer Guarantees: For major failures, you may cancel and receive a refund. For minor issues, we may remedy with a resupply or solution.
– Online Programs: Payments are non-refundable, except where required by the ACL or under specific written guarantees.
– Events: Cancellations 7+ days before = refund (less admin fee). Cancellations <7 days = 50% fee. No-shows are non-refundable.
If we cancel, you may transfer or receive a refund.
5. Coaching Disclaimer
Coaching is not medical, psychological, financial, or legal advice. Results are not guaranteed. You remain responsible for your actions and outcomes.
6. Limitation of Liability
To the maximum extent permitted by law, we are not liable for damages, loss of profits, or data.
Where liability cannot be excluded under ACL, our liability is limited to resupplying services or reimbursing costs.
7. International Clients
Services are provided from Australia. Australian law applies. We are not responsible for compliance with foreign laws.
8. Termination
We may suspend or terminate your access if you breach these Terms, misuse content, or disrupt programs.
9. Amendments
We may update Terms at any time by posting changes on the Site. Continued use means acceptance of changes.
10. Affiliate Disclosure
We may receive commissions from third-party products or services. We do not guarantee their quality or suitability.
11. Governing Law
These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of its courts.
12. No Guarantee of Products & Materials
All products, resources, and materials supplied by Tom Kha Coach, whether digital, physical, or otherwise, are provided without warranties or guarantees of performance, success, or specific results. You acknowledge that outcomes depend on your own actions, decisions, and circumstances, and we make no representations or promises regarding results.
Additional Legal Disclaimer: By continuing to use this website or engage our services, you acknowledge that you have read, understood, and agreed to these Terms & Conditions and Privacy Policy. You agree to release, indemnify, and hold harmless Tom Kha Coach, its directors, employees, and contractors from any and all claims, liabilities, damages, or expenses arising from your use of the website, services, or reliance on any information provided. It is your responsibility to ensure that participation in any program, event, or service is suitable for your personal circumstances.
Additional Legal Disclaimer: By continuing to use this website or engage our services, you acknowledge that you have read, understood, and agreed to these Terms & Conditions and Privacy Policy. You agree to release, indemnify, and hold harmless Tom Kha Coach, its directors, employees, and contractors from any and all claims, liabilities, damages, or expenses arising from your use of the website, services, or reliance on any information provided. It is your responsibility to ensure that participation in any program, event, or service is suitable for your personal circumstances.
Additional International Compliance (Privacy Policy)
to compliance with the Australian Privacy Principles (APPs) and GDPR, we also comply with the following international privacy frameworks:
In addition
to compliance with the Australian Privacy Principles (APPs) and GDPR, we also comply with the following international privacy frameworks:
1. GDPR (EU/EEA) & UK GDPR
Legal Bases for Processing: We process personal data based on consent, contract performance, legitimate interests, or legal obligations.
Data Subject Rights: You have the right to access, correct, erase (“right to be forgotten”), restrict processing, request data portability, and object to certain processing including automated decision-making.
International Transfers: When we transfer personal data outside the EU/EEA or UK, we rely on Standard Contractual Clauses or equivalent safeguards.
2. CCPA / CPRA (California, USA)
We do not sell or share personal information as defined under CCPA/CPRA. California residents have the right to know, delete, and opt-out of any sharing of their personal data. Requests can be made by contacting us.
3. LGPD (Brazil)
– We comply with Brazil’s LGPD and honor data subject rights similar to GDPR, including access, correction, deletion, and portability.
4. Children's Privacy
– We do not knowingly collect data from children under 13 (or 16 where required by law). Parents may contact us to request deletion of any data collected from their child.
5. Data Retention
– We retain personal data only as long as necessary to fulfill the purposes outlined in this policy, comply with legal obligations, resolve disputes, and enforce agreements.
6. Data Breach Notification
– In the event of a data breach affecting your personal information, we will notify you and relevant authorities as required by applicable law.
Additional International Compliance (Terms & Conditions)
1. Jurisdiction & Consumer Rights
– While these Terms are governed by the laws of Victoria, Australia, international clients may have additional rights under their local consumer protection laws (e.g., EU Consumer Rights Directive, UK Consumer Rights Act). Nothing in these Terms overrides mandatory legal rights in your jurisdiction.
2. EU/UK Cooling-Off Period
– If you are located in the EU or UK, you have a 14-day right of withdrawal for digital services unless you expressly waive this right by starting services before the cooling-off period ends.
3. Refunds & Cancellations (International)
– We honor mandatory consumer protection laws in your jurisdiction regarding refunds, cancellations, and remedies.
4. Health & Coaching Disclaimer
– Coaching is not therapy, medical treatment, or mental health counselling. You should seek professional advice for medical, psychological, legal, or financial matters.
5. Accessibility & Non-Discrimination
– We are committed to making our website and services accessible to users globally, including compliance with accessibility requirements where applicable (e.g., WCAG, ADA for U.S. users).
6. Force Majeure
We are not liable for failure to perform our obligations due to events beyond our reasonable control, including natural disasters, pandemics, government restrictions, or internet outages.