TERMS OF SERVICE
Terms of Use
Frequency Shift Pty Ltd (dba Frequency Coaching)
Last updated: May 2026
Frequency Shift Pty Ltd (dba Frequency Coaching) (“Frequency Coaching,” “Frequency Shift Pty Ltd,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our website at frequencycoaching.com (the “Website”).
We provide visitors to our Website (“Visitors”) access to the Website subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, please do not use the Website.
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through our Website is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. Description and Use of Our Website
We provide Visitors and Registered Users with access to the Services as described below.
Visitors.
Visitors are people who do not register with us but wish to explore the Website. No login is required for Visitors. Visitors may: (i) view all publicly-available content on the Website; and (ii) contact us by email.
Registered Users.
Registered Users may do all the things that Visitors can do, and additionally: (i) purchase products and services through the Website; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts; (iv) post comments and other content on the Website (collectively, “Registered User Content”); (v) sign up for advisory programmes and events; and (vi) sign up for alerts and other notifications.
Frequency Shift Pty Ltd is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole discretion. Frequency Shift Pty Ltd may deactivate any account at any time, including if it determines that a Registered User has violated these Terms of Use.
2. Community Guidelines
Our Website, like any professional community, functions best when users follow clear standards. By accessing and using the Website, you agree to comply with these Community Guidelines and that:
You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose.
You will not upload, post, email, transmit, or otherwise make available any content that infringes any copyright, trademark, right of publicity, or other proprietary rights; is defamatory, libelous, obscene, pornographic, or contains hate speech; or discloses sensitive personal information about another person without consent.
You will not stalk, threaten, or otherwise harass any person.
You will not use the Website to engage in any unsolicited commercial activities or spam.
You will not access or use the Website to collect market research for a competing business.
You will not impersonate any person or entity or misrepresent your affiliation with any person or entity.
You will not interfere with or attempt to interrupt the proper operation of the Website through any virus, malicious software, hacking attempt, or unauthorised data access.
You will not use any automated means to access the Website without our express written permission, except that we grant public search engine operators limited permission to index publicly-available content.
You will not take any action that places an unreasonable or disproportionately large load on our technical infrastructure.
We reserve the right to deny you access to the Website, or any portion thereof, without notice, and to remove any content that does not adhere to these Community Guidelines.
3. Age Restrictions
The Website and its services are intended for individuals aged 18 years or older. By accessing the Website, you represent that you are at least 18 years of age. If you are under 18, please do not use this Website.
4. Sign-in Name; Password; Unique Identifiers
During the registration process, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and certain additional information to assist in authenticating your identity (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information.
Each Sign-In Name and corresponding Password can be used by only one Registered User. Sharing your access credentials is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers. You will promptly inform us of any need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your credentials at any time and shall have no liability for any loss or damage caused by such action.
5. Fees and Payment
As consideration for any purchase you make on the Website, you shall pay Frequency Shift Pty Ltd all applicable fees and taxes. We (or our third-party payment processor) shall authorise your nominated payment method for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
South African clients will generally be charged in South African Rand (ZAR). International clients will generally be charged in United States Dollars (USD). The applicable currency will be confirmed at the time of purchase.
You must provide current, complete, and accurate billing and payment information and must promptly update all billing information to keep your account current and accurate. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance. You acknowledge that your bank or payment provider may charge foreign transaction or currency conversion fees, for which you are solely responsible.
6. Intellectual Property
The Website contains material, including videos, written content, frameworks, training materials, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Frequency Shift Pty Ltd (collectively, the “Content”). The Content may be owned by us or third parties and is protected under South African and international intellectual property laws. Unauthorised use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for personal, non-commercial use. Registered Users who have purchased a product or service may download and view Content contained in such purchased product or service for personal, non-commercial use only. No other use is permitted without the prior written consent of Frequency Shift Pty Ltd. Frequency Shift Pty Ltd retains all right, title, and interest, including all intellectual property rights, in and to the Content.
You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make derivative works of, distribute, or otherwise use the Content for any public or commercial purpose. Posting Content on any other website or networked environment is expressly prohibited.
If you violate any part of this Agreement, your permission to access and use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Frequency Shift Pty Ltd used on the Website are registered and unregistered trademarks or service marks of Frequency Shift Pty Ltd. Nothing on the Website should be construed as granting any licence or right to use any trademark without our prior written permission.
7. Registered User Content; Licences
The Website may provide Registered Users the ability to post and upload Registered User Content. You expressly acknowledge that once you submit your Registered User Content, it will be accessible by others, and that there is no confidentiality with respect to such content, including any personally identifying information you make available. YOU, AND NOT FREQUENCY SHIFT PTY LTD, ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sub-licensable, perpetual licence to modify, compile, combine with other content, copy, record, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use your Registered User Content throughout the world, by any means now known or hereafter devised. You also grant us the right to use your Registered User Content, Sign-In Name, name, and likeness in connection with any permitted use and to advertise and promote the Website and our products and services.
By submitting Registered User Content, you represent and warrant that such content is your original creation (or that you otherwise have the right to provide it), that you have the rights necessary to grant the licence above, and that it does not infringe the intellectual property or moral rights of any person or contain any defamatory, libelous, or obscene material.
8. Communications with Us
While we encourage you to contact us, please do not send us any content that contains confidential information. With respect to all emails and communications you send to us, including feedback, questions, comments, and suggestions, we shall be free to use any ideas, concepts, or know-how contained in your communications for any purpose, including the development and marketing of products and services, without compensation or attribution to you.
9. No Warranties; Limitation of Liability
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS CONTENT IS FREE OF HARMFUL COMPONENTS.
WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO ACCESS THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DIRECT DAMAGES THAT YOU MAY SUFFER SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Website may contain technical inaccuracies or typographical errors. We are not responsible for such errors and reserve the right to make changes, corrections, and improvements to the Website at any time without notice.
10. External Sites
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience and not as an endorsement of the content on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding their content or accuracy. If you decide to access linked External Sites, you do so at your own risk.
11. Representations; Warranties; and Indemnification
(a) If you are a Registered User, you hereby represent, warrant, and covenant that:
You own or have the necessary licences, rights, consents, and permissions to all intellectual property and other proprietary rights in and to your Registered User Content and any other works you incorporate into your Registered User Content.
Use of your Registered User Content in the manner contemplated by this Agreement will not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party.
You will not submit to the Website any Registered User Content that violates our Community Guidelines or any other term of this Agreement.
(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and demands, including reasonable legal and accounting fees, arising from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Website; and/or (iii) your violation of any third-party rights. We shall provide notice to you of any such claim and shall assist you, at your expense, in defending it. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate with any reasonable requests assisting our defence.
12. Compliance with Applicable Laws
The Website is operated from the Republic of South Africa. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use in other jurisdictions. If you access the Website from outside of South Africa, you do so at your own risk and are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
13. Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website at any time and for any reason without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
The following sections shall survive any termination of this Agreement: “Fees and Payment” (until all fees and taxes are paid), “Intellectual Property,” “Registered User Content; Licences,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”
14. Copyright Infringement
Frequency Shift Pty Ltd respects the intellectual property rights of others and will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of applicable law.
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide written notice to our designated contact including: (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorised copy of the copyrighted work; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (v) a statement by you that the information in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner; and (vi) your signature.
Notices should be sent to:
Frequency Shift Pty Ltd
27 Edgerton Road, Kimberley, South Africa
15. Controlling Law
This Agreement and any action related to it will be governed by the laws of the Republic of South Africa, without regard to its conflict of laws provisions.
16. Binding Arbitration
In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Arbitration Act 42 of 1965 (South Africa), as amended or replaced from time to time.
ANY ELECTION TO ARBITRATE, AT ANY TIME, SHALL BE FINAL AND BINDING ON THE OTHER PARTY. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT WHERE PERMITTED BY APPLICABLE LAW. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY BE LIMITED.
All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, subject to any limited right of review under applicable law. The arbitration shall be conducted in accordance with the then-current rules of the Arbitration Foundation of Southern Africa (AFSA) or such other agreed arbitration body. Each party will be responsible for paying its share of any applicable filing and arbitral fees. Judgment on the arbitrator’s award may be entered in any court having jurisdiction.
The arbitration may be conducted in person, by submission of documents, by telephone, or online. If conducted in person, the arbitration shall take place in South Africa at a location agreed by both parties. This clause shall not preclude parties from seeking urgent or interim relief from a court of competent jurisdiction where necessary to protect their rights or interests pending arbitration.
17. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law: (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilise class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
18. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to seek injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court of competent jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of any arbitration. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the courts of the Republic of South Africa for purposes of any such action by us.
19. Miscellaneous
Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision. No waiver shall be effective against us unless made in writing. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. Section headings are provided for convenience only and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.