TERMS AND CONDITIONS - Start Up Squad
The Queen of Confidence
The Start Up Squad - Terms and Conditions
Thank you for choosing The Queen of Confidence!
We want you to be satisfied with your decision to join The Start Up Squad, 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 (Program 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 14 Abbott Street, Alphington Victoria 3078.
TQOC offers an online coaching business mentoring program titled The Start Up Squad (the Program) in a group setting, tailored to participant needs and requirements, over a 12-month period, (the Services). You have engaged TQOC to provide the Services.
1.1 TQOC agrees to provide the Services for You, for the Fees over the Term, as set out on the Program Information Page or agreed to in writing by the parties from time to time.
1.2 TQOC agrees to commence the Services 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 outlined on the Program Information Page.
1.4 TQOC will work with you in a group setting to support You to do the work required of You so you can work towards achieving your business goals and objectives.
1.5 Both Parties agree that the Services will be provided online.
1.6 TQOC will only provide you with a refund of the Services Fees in the event TQOC is unable to continue to provide the Services (the Refund) or in accordance with the Money Back Guarantee policy set out at clause 3 below.
2.1 You agree to pay TQOC the Fees as set out on the Booking Page, which is one of the following options:
b. Monthly payments of $460.00 AUD per month (for a 12-month period); or
b. Single up-front payment of $4997.00 AUD.
2.2 The Fees payable to TQOC to provide the Services 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 plan 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. Money Back Guarantee
3.1 TQOC wants You to be satisfied with Your purchase, but TQOC also wants You to give Your best effort to apply all of the strategies in the course. TQOC provides a 7 -day money-back guarantee for the Start Up Squad Program. That money-back guarantee is governed by the following terms.
3.2 In order to qualify for a refund You must submit proof that You did the work in the program and it did not work for You. In the event that You decide Your purchase was not the right decision, contact TQOC support team at email@example.com and let TQOC know You would like a refund within 7 days after the date the first module is released, by 3:59pm AEST (‘Refund Period’). You must include Your completed work with Your request for a refund, as outlined below in clause 3.3. If You request a refund and do not include Your completed work by the end of the Refund Period, You will not be granted a refund.
3.3 You must submit ALL of the following items with Your request for a refund:
a. Requirement 1: Attach a screenshot of Your subscription to the Start Up Squad ‘Add Event Calendar’.
b. Requirement 2: Complete and attach the Mindset worksheet from Part 1: On Fire and Focused Module.
c. Requirement 3: Complete and attach a ‘One belief’ worksheet from Part 1: On Fire and Focused Module.
d. Requirement 4: Tell TQOC Your top three lessons You took away from watching the On Fire and Focused video lessons.
e. Requirement 5: Tell TQOC why the Start Up Squad was not a good fit for You and Your business. What did You expect that You did not get once inside the program?
3.4 TQOC will NOT provide refunds for any request for a refund that comes more than 7 days after the date of Module 1 release. After the Refund Period, all payments are non-refundable and You are responsible for full payment of the fees for the program regardless of whether You complete the program.
3.5 If You are granted a refund under this Money Back Guarantee policy, TQOC will promptly terminate any and all licenses granted to You for use of the Program material made available to You under these Terms and Conditions. You agree that You will cease using any of the material supplied by TQOC, including immediately deleting any Program material you have downloaded including video recordings, audio recordings, forms, templates, or other material of any kind whatsoever.
4.1 You must notify TQOC of an intention to terminate the Services as soon as practicable through e-mail to firstname.lastname@example.org and abide by the following (Termination Policy).
4.2 With the exception of the Money Back Guarantee set out at clause 3 above, the Program is non-refundable. This is due to the nature of the Program and that fact that you have access to the Program materials and TQOC’s intellectual property from the commencement date. You acknowledge and agree that You are receiving considerable value upon registering for the Program that extends beyond the monthly coaching sessions. This means that if you wish to terminate the program after the expiry of the Refund Period, all unpaid amounts of the Fees are non-refundable.
4.3 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.
4.4 If You are unable to attend a group session, you will not be provided with a refund.
4.5 TQOC may change the Termination Policy at any time without notice with and registrations completed in advance of the change will not be affected.
4.6 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.
4.7 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.
5. Delivery of Program and License Information
5.1 Each purchase of the Services grants to You access to the Program through a Kajabi Membership Portal (the Membership Portal).
5.2 When You purchase the Program through the Website, TQOC grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Program and any related software, content, equipment or other materials for your specific, non-commercial use only (the Licence).
5.3 The Licence is valid for 12 months (Licence Term). This means the Program will be viewable via the download link for 12 months. After this time the Program will expire and you will no longer be able to access the Program.
5.4 The Program 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 program materials, booklets, and access to any other aspect of the Program.
6. Group Coaching
6.1 As a participant in the Program You expressly agree that you will not, through any means:
i. harm, harass, hassle or abuse other participants; or
ii. send un-welcomed communication such as spam to other participants; or
iii. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
iv. infringe the intellectual property or privacy rights of any participant or any third-party.
6.2 TQOC at its discretion, reserves the right to remove, edit or alter any content created by You or on the FaceBook Group or any other platform utilised in the delivery of the Services.
6.3 TQOC retains the right to deny You access to the Services at any time for breach of these Terms and Conditions.
7. Your Obligations
By registering for the Program, You agree to the following conditions:
a. Your registration and participation in the Program 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 Program 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 Program and/or the Website, contains viruses, spyware or other forms of malware.
8. Warranty Period for the Services
8.1 TQOC will use its best efforts and take all reasonable steps to help You work towards achieving your desired goals and objectives. However, TQOC makes no warranty that the Services will meet your requirements or that all participants will achieve the same results.
8.2 To be clear, TQOC wants you to fully acknowledge and understand that You will only get out of the Program 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.
8.3 The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled to cancel Your Service contract with TQOC and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
9.1 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 Services and Your group sessions and interactions 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 provided by TQOC.
9.2 You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Program.
10. Liability and waivers
The total liability of TQOC arising out of or in connection with the Services 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 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.
11. Disclosure and Use of Confidential Information
11.1 All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services.
11.2 TQOC must not disclose any Confidential Information to any third party without your prior consent.
11.3 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.
12. Copyright and Intellectual Property Rights
12.1 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 Program 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 Program and/or the Services, either during the Program or after the termination of the participant’s involvement in the Program 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 Start Up Squad Program Booking Page and Program 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.