Legal Policies

Black Impetus is operated by Karina Rodriguez Diaz, an Australian sole trader (ABN 56737009114). Our principal place of business is based in Sydney, Australia.

You must be at least 18 years old and have full legal capacity to enter into binding contracts to use the website or purchase the Services. By using the website you confirm that you meet these requirements.

All content on this website — including text, copy, frameworks, methodologies, course materials, recordings, images, photography, video, graphics, logos, the Black Impetus name and word mark, taglines, the “Impetus” method name, and the underlying neuroscience-backed strategic performance frameworks — is owned by Karina Rodriguez Diaz or licensed to her and is protected by Australian and international copyright, trade mark and other intellectual property laws.

You are granted a limited, personal, non-exclusive, non-transferable, revocable licence to access and view the website for your own non-commercial use. You may not, without our prior written consent:

• copy, reproduce, republish, upload, post, transmit, sell or distribute any content from the website;
• use any content to train, fine-tune or evaluate any artificial intelligence or machine learning model;
• scrape, data-mine or extract content using automated means;
• frame, mirror or deep-link the website on any other site without express written permission; or
• remove or alter any copyright, trade mark or other proprietary notice.

Quoting short extracts (under 50 words) for genuine commentary, review or news reporting purposes is permitted, provided Black Impetus and the source URL are clearly attributed.

“Black Impetus”, the Black Impetus word mark and logo, and any associated brand identifiers are trade marks of Karina Rodriguez Diaz. You may not use them without our prior written consent.

You agree not to use the website or the Services to:

• breach any law, regulation or third-party right;
• transmit any material that is defamatory, harassing, threatening, obscene, discriminatory or otherwise unlawful;
• interfere with, disrupt or attempt to gain unauthorised access to the website, its servers, or any connected systems;
• introduce viruses, malware, or any other harmful code;
• impersonate any person or misrepresent your affiliation with any person or entity; or
• use the website or Services in any way that could damage, disable or impair the website or interfere with any other person’s use of it.

Bookings

Discovery and strategy calls may be booked through the scheduling tool linked from the website. A booking is confirmed only once you receive a confirmation email. Black Impetus reserves the right to decline or reschedule any booking at its discretion.

1:1 coaching engagements

Where you proceed with a 1:1 coaching engagement, the specific scope, duration, fees, payment schedule and deliverables will be set out in a separate written coaching agreement. That agreement, together with these Policies, governs the engagement.

Fees and payment

All fees are quoted in Australian Dollars (AUD) unless otherwise stated and are exclusive of GST unless otherwise indicated. Payment is processed via a third-party payment provider; by submitting payment details, you also agree to that provider’s terms and privacy policy. We do not store full payment card details on our systems.

Refunds

Coaching is a premium, capacity-limited service. Once a coaching engagement has commenced — meaning the first session has been held or the first calendar slot has been reserved in your name, whichever is earlier — fees are non-refundable. This reflects the bespoke preparation, opportunity cost and access to materials that begin from that point.

Nothing in this clause excludes, restricts or modifies any rights or guarantees you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot be lawfully excluded. Where the Services are not rendered with due care and skill, or are not fit for a disclosed purpose, you remain entitled to a remedy under that law.

Rescheduling and cancellation of individual sessions

Where the relevant coaching agreement is silent, individual sessions may be rescheduled with at least 48 hours’ notice. Sessions cancelled with less notice, or missed without notice, are forfeited.

Where the website offers free resources, downloads, micro-courses or paid digital products, additional terms specific to that product may apply and will be made available at the point of access or purchase. Digital products are licensed, not sold, to you on a personal, non-transferable basis. Sharing, on-selling or redistributing any digital product is prohibited.

The Services and all content on the website are for educational, strategic and developmental purposes only. They do not constitute and must not be relied upon as legal, financial, medical, psychological, psychiatric, therapeutic or career-specific professional advice. Coaching is not a substitute for diagnosis or treatment of any medical or mental-health condition.

If you require advice of a regulated professional nature, you should seek it from a suitably qualified practitioner. You are solely responsible for any decisions, actions or omissions you make in reliance on the Services.

Any testimonials, case studies or examples of client outcomes published on the website reflect the genuine experience of the individual concerned and are used with their consent. Individual results vary and depend on a range of factors outside our control, including your effort, circumstances, sector and starting point. We make no guarantee that you will achieve any particular outcome.

The website may contain links to, or be integrated with, third-party websites, platforms or tools (such as scheduling, payment, email marketing, analytics and social media). We are not responsible for the content, practices or policies of any third party. Your use of such third-party services is at your own risk and governed by their terms.

To the maximum extent permitted by law, the website and all content are provided “as is” and “as available”. We do not warrant that the website will be uninterrupted, error-free, secure, or free from viruses or other harmful components, nor that any information published on it is complete, accurate or current at all times.

To the maximum extent permitted by law, and subject to any non-excludable consumer guarantees:

• our total aggregate liability to you arising out of or in connection with the website, the Services or these Policies is limited to the fees you have actually paid to Black Impetus in the twelve (12) months immediately preceding the event giving rise to the claim;
• we are not liable for any indirect, consequential, special, incidental, exemplary or punitive loss, or for loss of profits, revenue, opportunity, anticipated savings, data, goodwill or reputation, however arising; and
• where our liability cannot be excluded but can be limited, our liability is limited, at our option, to re-supplying the relevant Service or refunding the fees paid for it.

You agree to indemnify and hold harmless Black Impetus and Karina Rodriguez Diaz against all claims, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms of Use, your misuse of the website or Services, or your violation of any law or third-party right.

We may suspend or terminate your access to the website or any Service at any time, with or without notice, if we reasonably believe that you have breached these Terms of Use or engaged in conduct that is harmful to Black Impetus, its clients, or any third party. Termination does not affect rights or obligations that have accrued prior to termination.

We are not liable for any failure or delay in performing our obligations where caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, internet or telecommunications outages, government action, civil unrest, or industrial disputes.

We may update these Terms of Use from time to time. The updated version will be published on the website with a revised effective date. Your continued use of the website after the updated version is published constitutes your acceptance of the changes.

These Policies and any dispute arising out of or in connection with them are governed by the laws of New South Wales, Australia. You and Black Impetus submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. Where you access the website from outside Australia, you do so on your own initiative and are responsible for compliance with local law.

If any provision of these Policies is found to be invalid, illegal or unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right or provision is not a waiver of that right or provision.

These Policies (together with any separate engagement letter or coaching agreement, and any product-specific terms) constitute the entire agreement between you and Black Impetus in relation to your use of the website and the Services.

We collect only the personal information we need. Depending on how you interact with us, this may include:

• Identity and contact data: your name, email address, phone number, country and time zone, professional title, sector and employer (where you choose to share it).
• Booking and engagement data: information you provide when booking a discovery or strategy call, completing a pre-call questionnaire, or entering into a coaching engagement (including your goals, professional context and any background you choose to share).
• Payment data: billing name, billing address and limited card or payment-account details. Full card numbers are processed and stored by our third-party payment provider, not by us.
• Communications data: the content of emails, messages and call notes (where notes are taken with your knowledge).
• Marketing data: your subscription status, preferences and engagement with our emails and content.
• Technical and usage data: IP address, device type, browser type and version, operating system, referring URL, pages visited, time and duration of visit, and similar data collected via cookies and analytics tools.

Where you provide personal information about another person (for example, a colleague or referee), you confirm that you have their authority to do so.

We do not deliberately collect sensitive information (as defined under the Privacy Act, such as health, racial or ethnic origin, political opinions, religious beliefs, or sexual orientation). If you voluntarily disclose such information in the course of a coaching conversation, we will treat it with the strictest confidence and only use it for the purpose for which you shared it.

We collect personal information:

• directly from you — when you fill in a form, book a call, send us an email, sign up for our list, download a resource, or engage our Services;
• automatically — when you browse the website, through cookies and analytics tools; and
• from third parties — such as referrers, our booking platform, our payment processor and our email marketing platform.

We use your personal information for the following purposes:

• to respond to enquiries and provide information you have requested;
• to schedule, conduct and follow up on discovery, strategy and coaching calls;
• to deliver, administer and improve our Services, courses and digital products;
• to process payments and issue invoices and receipts;
• to send you our newsletter, marketing communications and content updates where you have subscribed or where permitted by law (you can unsubscribe at any time);
• to comply with our legal, regulatory, tax and accounting obligations;
• to operate, maintain, secure and improve the website; and
• to protect our legal rights and those of our clients.

We will only send you marketing communications where you have provided your email address (for example, by subscribing to our list or downloading a resource) or where we are otherwise permitted to do so under the Spam Act 2003 (Cth). Every marketing email includes an unsubscribe link. You can also email us at any time to opt out.

We do not sell your personal information. We share it only with trusted service providers acting on our behalf, and only to the extent necessary for them to perform their role. These typically include:

• our website host and content delivery network;
• our scheduling and video-call platforms;
• our payment processor and accounting software;
• our email marketing platform;
• our customer relationship management (CRM) tool;
• analytics and advertising service providers;
• our professional advisers (legal, accounting, insurance); and
• law enforcement, regulators or other parties where required or permitted by law.

We use contractual safeguards to require our service providers to handle personal information in line with this Privacy Policy and applicable law.

Some of our service providers are based outside Australia, including in the United States, the European Union, the United Kingdom and other jurisdictions. By providing your personal information to us, you acknowledge that it may be transferred to, stored in or accessed from these countries. We take reasonable steps to ensure that overseas recipients handle your personal information in a manner consistent with the Australian Privacy Principles.

We take reasonable physical, technical and organisational measures to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure. These measures include access controls, encrypted storage and transmission where appropriate, use of reputable service providers, and regular review of our practices. No internet transmission is ever entirely secure, however, and you provide your information at your own risk.

We keep personal information only for as long as we need it for the purposes set out above, or for as long as we are required by law (for example, seven years for tax and financial records). When personal information is no longer required, we will delete or de-identify it.

You have the right to:

• request access to the personal information we hold about you;
• request that we correct personal information that is inaccurate, out of date or incomplete;
• withdraw your consent to direct marketing at any time;
• request that we delete your personal information, where we are not required by law to keep it; and
• complain about how we handle your personal information.

To exercise any of these rights, please email us at hello@blackimpetus.com. We will respond within a reasonable time, usually within 30 days. We may need to verify your identity before acting on your request.

If you are not satisfied with our handling of your personal information, please contact us first at hello@blackimpetus.com so that we can investigate and respond. If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.

We may update this Privacy Policy from time to time. The updated version will be published on the website with a revised effective date.

This Statement applies to all personal information collected through the website and the Services from individuals located outside Australia.

Where we collect, use or disclose your personal information, we rely on one or more of the following lawful bases:

• Performance of a contract — to provide the Services you have engaged us for, including scheduling and conducting coaching calls and processing payment.
• Consent — for marketing communications, optional cookies and any other processing for which we ask your specific consent.
• Legitimate interests — to operate, secure and improve the website and our business, provided this does not override your rights and interests.
• Legal obligation — to comply with our regulatory, tax, accounting and other legal duties.

Black Impetus is based in Australia. If you are located outside Australia, your personal information will be transferred to, stored in and processed in Australia and in any other country in which our service providers operate. Australia is not currently the subject of an adequacy decision under the European General Data Protection Regulation. Where required, we use reputable service providers that offer appropriate contractual and technical safeguards to protect your personal information.

Subject to applicable law, you may have the following rights in relation to the personal information we hold about you:

• the right of access — to obtain confirmation that we hold your personal information and to receive a copy of it;
• the right of rectification — to have inaccurate or incomplete personal information corrected;
• the right of erasure — to have your personal information deleted where we no longer have a lawful basis to hold it;
• the right to restrict processing — to limit the way we use your personal information in certain circumstances;
• the right to object — to certain processing, including direct marketing and processing based on legitimate interests;
• the right to data portability — to receive certain personal information in a structured, commonly used and machine-readable format; and
• the right to withdraw consent — at any time, without affecting the lawfulness of processing carried out before withdrawal.

To exercise any of these rights, email us at hello@blackimpetus.com. We may need to verify your identity. We will respond within a reasonable time and at no charge in most cases.

The website and the Services are not directed to, or intended for use by, anyone under the age of 18. We do not knowingly collect personal information from minors. If you believe a minor has provided us with personal information, please contact us so that we can delete it.

We do not make decisions about you based solely on automated processing, including profiling, that produce legal or similarly significant effects. Where we use artificial intelligence tools internally to support our work (for example, for content drafting or scheduling), a human remains responsible for any decision that affects you.

Where a personal information breach is likely to result in serious harm to affected individuals, we will notify those individuals and the relevant regulator in line with our obligations under the Notifiable Data Breaches scheme of the Privacy Act 1988 (Cth) and, where applicable, equivalent overseas requirements.

Cookies are small text files placed on your device when you visit a website. They allow the website to recognise your device and remember information about your visit. “Similar technologies” include pixels, tags, local storage and software development kits that perform comparable functions.

Strictly necessary

These cookies are essential for the website to function. They enable core functionality such as page navigation, secure areas and form submission. The website will not work properly without them. You cannot disable these cookies through our consent banner, but you can block them in your browser settings (though this will affect the website’s functionality).

Functional

These cookies allow the website to remember choices you make (such as your language, country or time zone) and provide enhanced features. They may be set by us or by third-party providers whose services we have added to our pages.

Analytics and performance

We use analytics cookies, including those set by Google Analytics, to understand how visitors interact with the website — which pages are most useful, how visitors arrive at the website, and how we can improve the experience. These cookies collect information in an aggregated and pseudonymous form. We rely on your consent to set non-essential analytics cookies.

Advertising and retargeting

We use advertising and retargeting cookies and pixels, including the Meta (Facebook and Instagram) Pixel and the LinkedIn Insight Tag, to measure the effectiveness of our marketing and to show you content and advertisements that are relevant to you on third-party platforms. These cookies may be used by these platforms to build a profile of your interests. We rely on your consent to set advertising cookies.

Some cookies are set by third parties whose services appear on or are integrated with our website (for example, video, scheduling, payment, analytics and social-media providers). We do not control these cookies. You should review the relevant third party’s cookies and privacy policies for details of how they use them.

Where required by law, we display a cookie consent banner the first time you visit the website. You can accept all cookies, reject all non-essential cookies, or choose your preferences by category. You can change or withdraw your consent at any time through the consent preferences link on the website.

You can also control cookies through your browser settings, including blocking cookies altogether or deleting cookies that have already been set. Each browser is different — see your browser’s help section for instructions. Blocking or deleting cookies may affect how the website functions for you.

Some browsers transmit “Do Not Track” signals. There is currently no industry standard for how to respond to these signals, and the website does not currently respond to them. You can manage your tracking preferences through our consent banner and your browser settings as described above.

We may update this Cookies Policy from time to time to reflect changes in the cookies we use or in applicable law. The updated version will be published on the website with a revised effective date.

Questions about cookies or this Policy can be sent to hello@blackimpetus.com.