TERMS AND CONDITIONS - FROM Start Up TO BOOKED OUT - START UP COURSE
The Queen of Confidence
From Start Up to Booked Out - Start Up course - Terms and Conditions
Thank you for choosing The Queen of Confidence!
We want you to be satisfied with your decision to join The From Start Up To Booked Out - Start Up Course, so please read these Terms and Conditions carefully.
These Terms and Conditions constitute a contractual offer made by The Queen of Confidence (TQOC) for You to enter into an agreement with TQOC on the terms and conditions set out below.
By clicking ‘accept’ you agree to these Terms and Conditions.
These Terms and Conditions are read in conjunction with the information set out on the Program Information Page at https://erika-cramer.mykajabi.com/start-up-squad (course Information Page) and on the subsequent booking page where you provide your details to make the purchase (the Booking Page). The Program Information Page can also be accessed via the website at https://thequeenofconfidence.com (the Website).
You are the Participant, and your details are set out on the Booking Page.
TQOC means Growth Consultancy Pty Limited (ACN: 608 899 118) t/a The Queen of Confidence of 138 Argus St factory 5, Cheltenham Victoria 3192.
TQOC offers an online coaching business course titled From Start Up to Booked Out - Start Up program for females and people who identify as women (the Program) as DIY online course, tailored to females with a service based business, over a 12-month period of access, (the Services). You have engaged TQOC to provide you with the online course.
1.1. TQOC agrees to provide you with the online course, for the Fees over the Term, as set out on the course Information Page.
1.2. TQOC agrees to commence the course access on the Commencement Date, upon acceptance of these Terms and Conditions by You, and upon payment of the required Fees.
1.3. The Commencement Date is upon purchasing the course.
1.4. TQOC will provide videos and worksheets to support You to do the work required of You so you can work towards achieving your business goals and objectives. These videos are the only support in this course.
1.5. Both Parties agree that the Services will be provided online and in the form of videos.
1.6. The Program is developed and targeted specifically to females and people who identify as women, including non-binary people. You agree that You are female or identify as a woman and acknowledge that TQOC uses terms such as “Sista”, “sister”, “girl” and “women” when providing the Services.
- 1.7. TQOC will only provide you with a refund of the Services Fees in the event TQOC is unable to continue to provide the course within your 12 month time frame (the Refund).
2.1. You agree to pay TQOC the Fees as set out on the Booking Page, which is one of the following options:
(a) Single payment of $3,000 AUD (for access for a 12-month period); or
(b) Sale offering (when applicable) of 50% off - $1500 AUD (for access for a 12-month period).
2.2. The Fees payable to TQOC to provide the course may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by TQOC.
2.3. You agree to make Payment of the Fees via the Website, by the due date of your respective payment option.
2.4. In the event that any payment under these Terms and Conditions is not made in full on the due date, TQOC is entitled to charge You interest at the rate of 5% per annum, calculated daily.
2.5. You agree that if You default on any payments due and payable under these Terms and Conditions, any costs incurred by TQOC for steps taken to enforce payment terms will be recoverable and payable by You.
2.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
3.1. You must notify TQOC of an intention to terminate the Services as soon as practicable through e-mail to email@example.com and abide by the following (Termination Policy).
3.2. The Course is non-refundable. This is due to the nature of the Course and that fact that you have access to the Course materials and TQOC’s intellectual property from the commencement date.
3.3. If you have chosen to pay through a payment plan and you wish to terminate the Program early, the amount of the Fees outstanding as at the date of cancellation will immediately become due and payable. In this event You agree that TQOC has the right to immediately collect all outstanding amounts owed without notice by charging your method of payment, and your access to the Services will be revoked.
3.4. If You are unable to finish watching the videos within the 12-month period, you will not be provided with a refund.
3.5. TQOC may change the Termination Policy at any time without notice with and registrations completed in advance of the change will not be affected
3.6. TQOC reserves the right to terminate Your involvement in the Services for breach of these Terms and Conditions with 7 days notice by e-mail.
3.7. If TQOC terminates the Services, You agree to pay TQOC for the portion of the Services completed up to the date and time of termination.
4. Delivery of Program and License Information
4.1. Each purchase of the course grants to You access to the Course through a Kajabi Membership Portal (the Membership Portal).
4.2. When You purchase the Course through the Website, TQOC grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (the Licence).
4.3. The Licence is valid for 12 months (Licence Term). This means the Course will be viewable via the download link for 12 months. After this time the Course will expire and you will no longer be able to access the Course.
4.4. The Course is intended for use by a single person only within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.
5. Your Obligations
By registering for the Course, You agree to the following conditions:
(a) Your registration and participation in the Course will not be in breach of any law of your own country.
(b) You have authority to agree to these Terms and Conditions.
(c) The information You provide when registering for the Course is accurate, and You will keep your contact and payment information up to date.
(d) You will not use any username or display name that is likely to mislead or deceive other participants.
(e) You will not use any username or display name that incorporates the name, image or likeness of another person.
(f) You are not registering to become a participant for anyone other than yourself.
(g) You will not transfer your registration to any third party, without the prior written permission from TQOC.
(h) You will keep your registration secure and You will not share your password or username details, or do anything else so as to jeopardise the security of your registration.
(i) You will notify TQOC immediately if You believe that any files or information You have accessed via the Course and/or the Website, contains viruses, spyware or other forms of malware.
7. Warranty Period for the Services
7.1. TQOC will use its best efforts in the video content provided to help You work towards achieving your desired goals and objectives. However, TQOC makes no warranty that the Course will meet your requirements or that all participants will achieve the same results.
7.2. To be clear, TQOC wants you to fully acknowledge and understand that You will only get out of the Course what You are willing to put into it. If You are not prepared to do the work required to move You towards your goals and objectives, You should not complete a registration.
8.1. You are solely responsible for creating and implementing Your own business, marketing, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Course with TQOC. As such, You agree that TQOC is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Services in the Course provided by TQOC.
8.2. You understand that in order to enhance your success in the Course You agree to participate fully in the Course.
9. Liability and waivers
The total liability of TQOC arising out of or in connection with the Services, Course or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services or Course to you.
(a) A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.
10. Disclosure and Use of Confidential Information
10.1. All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services.
10.2. TQOC must not disclose any Confidential Information to any third party without your prior consent.
10.3. These Terms and Conditions prohibit the disclosure of Confidential Information by TQOC with exception to the following circumstances:
(a) the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and Conditions has consented to the disclosure of such information to the professional adviser;
(b) the disclosure is required by applicable law or regulation; or
(c) if the confidential information is already in the public domain at no fault of TQOC.
11. Copyright and Intellectual Property Rights
11.1. You agree that any works, items, materials or information of whatever nature produced or developed by TQOC or under the direction of TQOC pursuant to or in the Course of providing the Services will remain the sole and complete property of TQOC, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(a) If You have fully complied with these Terms and Conditions and if the works, items, materials or information referred to in clause 10.1(a) have been produced by TQOC as part of the Services, TQOC grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
(b) There is no assignment of Intellectual Property Rights by TQOC to You pursuant to these Terms and Conditions.
(c) Nothing in these Terms and Conditions affect the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.
You hereby indemnify and agree to keep indemnified TQOC against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.
13. Force Majeure
13.1. If circumstances beyond the control of TQOC prevent or hinder its provision of the Services, TQOC is free from any obligation to provide the Services while those circumstances continue. TQOC may elect to terminate these Terms and Conditions or keep these Terms and Conditions on foot until such circumstances have ceased.
13.2. Circumstances beyond the control of TQOC include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
13.3. For the sake of clarity, if in the reasonable opinion of TQOC, the provision of the Services will be affected by the COVID-19 Pandemic, TQOC may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, TQOC will not be liable for any losses or damage due to the COVID-19 Pandemic. If You choose to terminate these Terms and Conditions due to the COVID-19 Pandemic, cl. 4.2. will apply.
14. Dispute Resolution & Mediation
We hope that a dispute between us does not arise, however in the unlikely event that it does, the following clause will apply.
14.1. If a dispute arises out of or relates to the terms of these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2. A party to these Terms and Conditions claiming a dispute (the Dispute) has arisen under the terms of these Terms and Conditions, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the Notice).
14.3. On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.
14.4. If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria.
14.5. It is agreed that mediation will be held in Victoria, with the venue to be agreed.
14.6. The parties agree to be equally liable for the Fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.
14.7. All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
14.8. In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.
15.1. The parties agree that they will not, in connection in any way with the Course and/or the Services, either during the Course or after the termination of the participant’s involvement in the Course for any reason, make or publish any adverse, disparaging or other comments that are intended to, or have the effect of, bringing another party into disrepute.
15.2. The parties acknowledge and agree that a breach of this clause may cause damage to the other party, and an aggrieved party may have the right to commence legal proceedings seeking damages should this clause be breached.
You agree that any testimonials that may be provided by you from time to time may be used by TQOC for marketing purposes.
17. No partnership or agency
Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
18. Governing Law & Jurisdiction
18.1. These Terms and Conditions are governed by the laws of Victoria, Australia.
18.2. In the event of any dispute arising out of or in relation to the Services, TQOC agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.
Any provision of these Terms and Conditions which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.
20. Entire Agreement and Modifications
Both You and TQOC confirm and acknowledge that these Terms and Conditions, the From Start Up To Booked Out - Start Up Course Booking Page and Course Information Page of the Website constitute the entire agreement between You and TQOC and shall supersede and override all previous communications, either oral or written, between the parties.