Terms and Conditions

1. Terms and Conditions

The following Terms and Conditions are entered into by and between you and Claire Berry, Founder and Director of Green Pen Consulting (“I / me / my”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively these “Terms”) govern your access to and use of greenpenconsulting.com.au, including any content, functionality and products and services offered on or through greenpenconsulting.com.au (the “Website”).

Please read these Terms carefully before you submit your order to me or start using the Website.

These Terms tell you who I am, how I will provide services and digital products to you, how you and I may change or end the contract between us, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact me to discuss prior to making your order.

By using the Website, you confirm that you accept these Terms, my Privacy Policy and the Disclaimer, incorporated herein by reference, and that you agree to comply with them. If you do not agree to these Terms, you must not access or use the website.

You agree that you are 18 years old or older, and that you are legally able to enter into this Contract with me. My website and my Services are intended for adults aged 18 years or older, and neither my website nor my Services are intended for anyone under the age of 18 years. If you do not meet these criteria you should not visit or use my Website.

2. Supply of Services and Digital Products

These Terms set out the conditions on which I supply any of the following services or digital products to you via my website or through any other platform or software which I may utilise:

(a) digital downloads or streaming of audio products to your computer or mobile device;
(b) digital downloads or streaming of video products to your computer or mobile device;
(c) digital downloads of supporting materials;
(d) live or recorded coaching and mentoring services conducted online or in-person;

(e) live or recorded group coaching and mentoring services conducted online or in-person;

(f) management consulting services, including reviews of workflow processes and procedures;

collectively “the Services”.

3. Who I Am and How to Contact Me

I am Claire Berry, Founder & Director of Green Pen Consulting, whose registered address is in Bentleigh East, Victoria (“I / me / my”). http://www.greenpenconsulting.com.au is a website operated by me.

To contact me, please email me at hello@greenpenconsulting.com.au

4. My Contract with You

These Terms apply to the order by you and supply of Services by me to you and create the contract between us (“Contract”). To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing. This Contract is the entire agreement between you and me in relation to the Services. You acknowledge and agree that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in this Contract.

5. Placing an Order and its Acceptance

You place an order for the Services by adding the Service to an online shopping cart. Once you are ready to purchase, you will enter your name, email address and payment details including billing address. To purchase the Service, you must click the “Place Order” button. When you click the “Place Order” button, you understand and agree that you will be charged for the Service(s) via the payment details you have provided.

Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to me.

If the order is for a digital download, you must check that the hardware and software requirements of your computer or device will allow you to download or access the Services before you place your order. My acceptance of your order takes place when you receive the order confirmation screen on your browser, and the link to download the purchased product/s is available (“Order Confirmation”), at which point and on which date the Contract between you and me will come into existence.

If the order is for coaching and mentoring services, my acceptance of your order takes place after either:

  1. The Coaching Intake Form has been completed by you and returned to me and I send an email to you to accept it (“Order Confirmation”), or
  2. A proposal for coaching services has been sent via email from me to you, and you have sent a reply email to accept it (“Order Confirmation”)

at which point and on which date the Contract between you and me will come into existence.

If the order is for management consulting services, my acceptance of your order takes place after the Statement of Work form has been signed by you and returned to me, and I send an email to you to accept it (“Order Confirmation”), at which point and on which date the Contract between you and me will come into existence.

The Contract will relate only to those Services included in the Order Confirmation.

If I am unable to supply you with the Services for any reason, I will inform you of this by email and I will not process your order. If you have already paid for the Services, I will refund you the full amount.

6. Charges and Payment

The charges for the Services will be the price indicated on:

  • The order pages when you placed your order on my website, or
  • The proposal document sent to and accepted by you, or
  • The hourly / daily rate as stated in the contract for management consulting services,

collectively the Charges. The Charges for the Services are in Australian dollars ($AUD) and are inclusive of goods and services tax (“GST”) where applicable.

I accept payment with debit and credit cards or via direct debit. When purchasing Services, you must pay for them at the time of ordering them.

I will do all that I reasonably can to ensure that all the information you give me when paying for the Services is secure by using a secure payment mechanism. However, in the absence of negligence on my part, any failure by me to comply with these Terms or my Privacy Policy, or breach by me of my duties under applicable laws, I will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give me. Please refer to my Privacy Policy for additional details regarding Security and Storage of Your Personal Information.

7. Cancelling Your Order

If you are ending the Contract for a reason set out at (a) to (d) below, the Contract will end immediately and I will refund you in full for any Services which have not been provided. The reasons are:

(a) I have told you about an upcoming change to the Services or these Terms which you do not agree to;
(b) I have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Services may be significantly delayed because of events outside of my control; or
(d) you have a legal right to end the Contract because of something I have done.

Due to the nature of digital downloads, they are considered ‘used’ once they have been downloaded or opened. All digital download purchases made on http://www.greenpenconsulting.com.au are not refundable.

Enrolment in group mentoring or coaching programs (including but not limited to the Audit Accelerator Program) is non-refundable once the program has commenced or once materials have been accessed, whichever occurs first, unless required by Australian Consumer Law.

With the exception of Digital Download products and group mentoring or coaching programs, you may cancel the Contract between us within fourteen (14) days of the date of your purchase of the services.

On receiving your notice to cancel the Contract between us, the Contract will end immediately, and I will refund you in full for the Charges you have paid for the Services.

To cancel the Contract, you can email me at hello@greenpenconsulting.com.au with the details of your order to help me to identify it. If you send me your cancellation notice by email, then your cancellation is effective from the date you send me the email.

If you are entitled to a refund under these Terms I will refund you the Charges you paid for the Services by the method you used for payment. Your refund will be made within 14 days of your notifying me that you want to cancel the Contract.

8. My Rights to end the Contract

I may end the Contract at any time by writing to you if:

(a) you do not make any payment to me when it is due and you still do not make payment within seven (7) days of me reminding you that payment is due;
(b) you do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to provide the Services;
(c) you violate these Terms or any other terms of use which apply to your use of or access to the Services;
(d) for any other reason at my absolute discretion.

If I end the Contract in the situations set out above, I will refund you any sums you have paid in advance for Services which will not be provided.

9. Timeline for Provision of Services

I will supply the Services to you in accordance with the timelines noted below:

(a) individual coaching and mentoring services, I will begin providing the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process;

(b) a one-off purchase of digital content, I will make the digital content available for download or access by you as soon as I accept your order;

(c) management consulting services, I will begin providing the services on the date agreed with you during the order process. The estimated completion date for the services is as agreed with you during the order process and as included in the Order Confirmation;

(d) For group coaching or mentoring programs, I will begin delivering the Services on the program start date as advertised or confirmed in the Order Confirmation. You are responsible for attending the scheduled sessions and completing the provided materials within the program timeframe.

10. Supply of Services

If my supply of the Services is delayed by an event outside of my control, then I will contact you as soon as possible to let you know and I will take steps to minimise the effect of the delay. Provided I do this, I will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact me to end the Contract and receive a refund for any sums you have paid in advance for Services which will not be provided.

I will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

11. Suspension of the Supply of Services

I may have to suspend the supply of a Service to:

(a) deal with technical problems or make minor technical changes;
(b) update the Service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Service as notified by me to you.

You understand and agree that you will be entitled to download three (3) copies of each digital document made available as part of the Services. Once you have exhausted the permitted downloads of a particular document, you will not be entitled to download any further copies of that digital document, unless expressly agreed with me.

If you do not pay me for the Services when you are supposed to and you still do not make payment within seven (7) days of me reminding you that payment is due, I may suspend supply of the Services until you have paid me the outstanding amounts. I will contact you to tell you I am suspending supply of the Services. I will not charge you for the Services during the period for which they are suspended.

The Services are provided on an “as is” and “as available” basis, and I make no representations or warranties, express or implied, regarding the operation or availability of the Services. Although I make reasonable efforts to update the information contained within and in connection with the Services, I make no representations, warranties or guarantees, whether express or implied, that the content contained within and in connection with the Services is accurate, complete or up-to-date.

12. Supply of Coaching and/or mentoring Services

If the Contract is for the supply of Coaching and/or Mentoring Services to a specific individual or group of individuals (the “Coachee” or the “Mentee“), the Coachee or Mentee and I must have open and frank communications for the Coaching Services to be effective. Communications between the Coachee or Mentee and I will be, so far as is reasonably possible, confidential.

I will not disclose information provided to me by a Coachee or Mentee, except information that I in good faith believe is in one of the following categories:

  • information that the Coachee, Mentee or some other person is, has, or may become engaged in illegal activity;
  • information that the Coachee, Mentee or some other person is, has, or may become a danger or health and safety risk to themselves or others; or
  • information that the Coachee or Mentee authorises me to release.

If any information arising from the Coaching or Mentoring Services is required to be disclosed by any subpoena or other court order under any applicable law or regulation, I will be entitled to make any required disclosure. I will undertake to notify the Coachee or Mentee prior to disclosing the confidential information, unless prohibited by the terms of the order or legal requirement.

Group Mentoring Conduct & Confidentiality
If you participate in a group mentoring or coaching program, including the Audit Accelerator Program, you agree to respect the privacy and confidentiality of all participants. You must not share personal or professional information disclosed by others during the sessions outside of the program setting. You also agree to engage respectfully and constructively, and understand that I reserve the right to remove you from the program if your behaviour is disruptive, offensive, or breaches this agreement.

13. Supply of Management Consulting Services

If the Contract is for the supply of Management Consulting Services to a specific company, entity, business, individual, group, non-profit or charitable organisation (the “Client”), the outcome of those services, usually but not exclusively contained in a formal written report, is for the Client’s internal management purposes only. The outcome of those services and any other information contained in the formal written report cannot and should not be relied upon or shared with any other party or used for any purpose other than for internal management purposes.

For the avoidance of doubt, permission is not granted for the outcome of any Management Consulting Services to be shared with, or relied upon by, any parties other than the Client.

14. Your Obligations

You agree that any information you provide to me is true, correct and accurate at the time of providing it to me. You understand and agree that I may not be able to provide the Services to you if you provide me with inaccurate information, or you do not update the information to ensure it remains accurate. I will not be responsible or liable for any delays or issues in the provision of, or relating to, the Services which occur because of me holding inaccurate information from you.

In respect of Digital Downloads and Coaching Services, you agree that you are purchasing Services for your private, non-commercial use only. In respect of Management Consulting Services, you agree that you are purchasing Services for management’s internal use only. You further agree that you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Services, or part of the Services, or in any way exploit any of the content, in whole or in part, that you purchase or access through this website or from me unless agreed with me in writing.

You will keep the Services secure. You are responsible for ensuring that you do not lose, destroy, or damage any Services you purchase from me or through my website.

You are responsible for ensuring that any software or hardware you use to download and/or access the Services functions correctly with my website or any alternative platform on which I make the Services available. You acknowledge and agree that the provision of any and all technical requirements is your sole responsibility and is at your own cost.

Whilst I have utilised in creating the Services, and I will always in my dealings with you utilise, my best professional endeavours and skills, I do not guarantee any specific outcome from your use of the Services as any such outcome will vary based on the level of effort, engagement and implementation on your part. For an abundance of caution, you understand and agree that I do not guarantee that your use of or engagement with the Services will result in an increase in salary, wages, rank, professional standing, business, potential clients or actual clients. You acknowledge and agree that any statements made by me regarding potential outcomes are opinions and are not binding on me. I may provide testimonials from previous clients, which are not to be relied upon to predict results in your specific situation. I may provide real-life examples or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation.

In relation to Management Consulting Services, while process improvements or efficiencies, control improvements and/or actions may be recommended, suggested or advised in connection with the Services, all decisions and associated risks remain solely the responsibility of the Client. The recommendations, suggestions and/or actions are made without warranty of completeness or accuracy, and the Client retains all responsibility for assessing risks, making final decisions and implementing any recommendations, suggestions and/or actions. I shall be held harmless from any outcomes arising from the implementation of any recommendations, suggestions and/or actions.

You agree that I am not and will not be liable or responsible for any of your actions, inactions, direct or indirect results in connection with the Services.

15. Intellectual Property Rights

I am the owner of all intellectual property rights in the Website, and the Services you purchase, including any databases that hold relevant information about the Website or its Services. These rights are protected by copyright and you may only use the Services, or any part of them, in accordance with these Terms.

Upon payment of the Charges for any of my Services I grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Services for your own personal, non-commercial use.

You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Services, or part of the Services, that you purchase through this Website or from me unless agreed with me in writing. To do so would be breaching my intellectual property rights, and I reserve my rights to take legal action if this occurs.

I am the owner of all intellectual property rights in Green Pen Consulting and all associated branding. You may only use these branding elements as agreed with me in writing.

16. How I may use your Personal Information

I will use any personal information you provide in order for me to provide the Services, process your payment for the Services, and inform you about similar services that I provide, but you may stop receiving this information at any time by contacting me. Further details of how I process personal information are set out in my Privacy Policy.

17. Limitation of Liability

I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the Services.

If defective digital content which I have supplied damages a device or digital content belonging to you and this is caused by my failure to use reasonable care and skill I will either repair the damage or pay you compensation. However, I will not be liable for damage which you could have avoided by following my advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by me.

I will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, for any special, indirect or consequential loss arising under or in connection with this Contract, or arising under or in connection with the use of, or inability to use, my Website; or use of or reliance on any content displayed on my Website.

I will not be liable for any loss of profits, loss of sales, revenue or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, business interruption, or loss of use or corruption of software, data or information.

Any information provided as part of the Services is intended to provide general business education and information only and is not personalised or specialised advice on which you should rely.

While I facilitate the group mentoring experience, I am not responsible for the actions, conduct, or advice of other participants in the program. You are solely responsible for your interactions with other members.

Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the relevant provisions of the Australian Consumer Law or the Competition and Consumer Act 2010 (Cth) (“ACL”), or the exercise of a right conferred by the ACL, or any liability of ours in relation to a failure to comply with a guarantee that applies under the ACL to a supply of services.

18. Other Important Terms

This Contract is between you and me. No other person will have any rights to enforce any of its Terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If I do not insist immediately that you do anything you are required to do under these Terms, or if I delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the Services, I can still require you to make the payment at a later date.

19. Use and Availability of My Website

I may update and change my Website from time to time to reflect changes to my products or services, my users’ needs and my business priorities.

My Website is made available free of charge. I do not guarantee that my Website, or any content on it, will always be available or be uninterrupted. I may suspend or withdraw or restrict the availability of all or any part of my Website for business and operational reasons.

You are also responsible for ensuring that all persons who access my Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

I am the owner of all intellectual property rights in my Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from my website for your personal use and you may draw the attention of others within your organisation to content posted on my Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

My status (and that of any identified contributors) as the authors of content on my Website must always be acknowledged.

You must not use any part of the content on my Website for commercial purposes without obtaining a licence to do so from me.

If you print off, copy or download any part of my website in breach of these Terms, your right to use my Website will cease immediately and you must, at my option, return or destroy any copies of the materials you have made.

20. Accuracy and Personal Responsibility

As set forth more fully in the Disclaimer, the content on my Website is provided for general education and informational purposes only. It is intended, but not promised or guaranteed, to be correct, complete, and up to date. It is not intended to amount to advice on which you should rely.

I have taken reasonable steps to ensure that the information contained in this Website is accurate, but I cannot represent, and make no representations, warranties or guarantees, whether express or implied, that the content on my website is accurate, complete, up to date or free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on my website. I will not be responsible or liable for any of your actions or inactions, or the results of any of your actions or inactions, based on the content on my website. I shall not be held liable or responsible for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

You expressly agree not to rely upon any information contained in this Website.​ I reserve the right to make changes to the materials on the Website at any time and without notice.

My site is accessible throughout the world. I do not represent or guarantee that my site is compliant with any laws of any country outside Australia.

21. Linking to my Website

You may link to my home page, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists. You must not establish a link to my website in any website that is not owned by you. My website must not be framed on any other site, nor may you create a link to any part of my site other than the home page. I reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on my website other than that set out above, please contact me via email at hello@greenpenconsulting.com.au

22. Changes to these Terms

I reserve the right to amend these Terms at any time. You acknowledge and agree that it is your responsibility to review this Website and these Terms periodically and to be aware of any modifications. Updates to these Terms will be posted on this page and will take effect immediately.

23. Governing Law

These Terms, their subject matter and their formation, are governed by Australian law. You and I both agree that the courts of Victoria, Australia will have exclusive jurisdiction.

Contact Me

If you have any questions regarding these Terms, please don’t hesitate to contact me by sending an email to hello@greenpenconsulting.com.au

Updated December 2025