MENTORING PROGRAM TERMS & CONDITIONS
The terms below are for applicants of the mentoring programme and govern your involvement. By applying for the mentoring program you agreed to abide by the terms and conditions.
VARIATIONS TO TERMS
We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.
In that event, we will provide notice of the variation by publishing the updated Terms on our Site.
The updated Terms will be taken to have effect on the date of publication.
Your continued use of our services, and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
Should you object or disagree to any changes in the Terms, you must immediately discontinue your use of the services.
All prices for our services are in Australian Dollars (AUD).
All prices are exclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
All prices are subject to change without notice.
We reserve the right to modify, cancel and limit any proposal or work at any time.
Payment for the mentoring program is $249 month including gst and is paid by monthly direct debit only.
All fees must be paid into the bank account nominated by us or by any other means specified by us.
You must pay us all fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.
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.
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.
We reserve the right to suspend or terminate any service, at our discretion, if payment is not made on time.
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.
If debt collection proves necessary, you agree to pay all fees incurred by that process.
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.
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 services.
If payment is made via a direct debit arrangement, you irrevocably authorise us to debit the fees during the term from your nominated bank account/credit card/debit card (“Account”), on or about the due date for payment without notice to you.
You must ensure that the Account details are up to date at all times and you must notify us in the event that the details are no longer current and provide replacement details.
You also irrevocably authorise us to deduct all other fees and charges payable by you to us under these Terms from your nominated Account.
You warrant that you are the owner or has the right to use any Account details provided to us.
Default charges will apply in the event that you stop the authority to charge on your Account without acceptance by us. Insufficient funds in your Account will also attract a fee. Such default and other fees will be outlined in your separate agreement with the billing service provider.
We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our services, you agree to respect the same rights of the other services participants (Participants) and representatives of ours.
- 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.
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.
You agree that you must:
- only use the Confidential Information in accordance with the instructions provided by us in writing;
- not reproduce or record or make any notes of any Confidential Information except as permitted;
- not allow or assist any other person to disclose, use, publish or release the Confidential Information;
- put in place and maintain adequate security measures to protect the confidentiality of the Confidential Information being no less stringent than a reasonable person in your position would use with respect to its own confidential information including.
- taking reasonable steps to keep the Confidential Information within its possession, power, custody and control;
- taking reasonable steps to ensure the proper and secure storage of the Confidential Information; and
- taking reasonable steps to protect the Confidential Information from unauthorised access, disclosure or use, or loss, damage or destruction; and
- copy, duplicate or adapt any of all of the Confidential Information or create other works from the Confidential Information without the prior written consent;
- not use or disclose to a third party any aspect of the Confidential Information for any purpose whatsoever.
We provide support, guidance and tools for you to set goals, determine priorities and achieve results, 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.
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.
You acknowledge and agree that we, our directors, principals, employees and representatives are 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.
FINANCIAL RESULTS AND PROFITABILITY DISCLAIMER
We cannot and do not make any guarantees about your ability to achieve results or earn any income with our content, 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 income as a result of your purchase of our services.
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.
Our services are educational, consultancy and coaching based only and the extent of any results to be attained by you whether for your own personal or professional development is dependent upon you solely.
We provide coaching and education, by supplying content, information and providing support, guidance and tools for clients e. you, to set goals, determine priorities and achieve results, but any decisions made, and the consequences that flow from those decisions, is your sole responsibility. Your success depends on many factors, including your own commitment, dedication, desire, and motivation, your dissemination and application of our education and training to your own circumstances or to that of the business you are in the employ of, considering your own personal and professional development, or your capabilities, and the general economic climate.
We cannot and do not make any guarantees about your ability to obtain personal or business results or improve business profitability in connection with our services, particularly arising from our coaching, courses, education, content, training, ideas, information, publications, templates and tools. You acknowledge that there is inherent uncertainty in any personal and professional development, professional enterprise and revenue generating activity and agree there is no guarantee that personal and professional development, efficiency, productivity or profitability will improve or increase as a result of your use and supply of our services.
LIABILITY IS LIMITED
We provide the Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this agreement to the maximum extent permitted by law.
Without limiting the generality of the above clause, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, Loss, delay or inconvenience caused directly or indirectly by:
- your access and use of the Services;
- your participation in the Program;
- your reliance on the Services and any information given; and
- any event which is beyond our control.
Subject to the other terms of this clause, our maximum aggregate liability to you in any 12-month period for any loss or damage or injury arising out of or in connection with the supply of goods or services under this agreement, including any breach by us of this agreement however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under this agreement in the 12-month period preceding the matter or event giving rise to the claim.
Nothing in this agreement is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision or any liability of we in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at the option of ours to the resupply of the Services or the payment of the cost of resupply.
Subject to the other terms of this clause, we excludes any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this agreement, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.
This clause applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement.
In this clause “ACL” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
Neither party shall be held liable or responsible to the other party for failure or delay in fulfilling or performing any obligation under any Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of such party including but not limited to any Act of God, terrorism, war, acts of war (whether war be declared or not), insurrections, embargoes, riots, civil commotions, act of civil or military authority, uprising, fire, floods, earthquake, or any other natural or man-made eventuality outside of our control.
You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Our Community or through use of our services.
- 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).
- By posting or otherwise publishing Your Content on our Site or Our 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.