1.     About the Website

  1. Welcome to www.thequeenofconfidence.com (the 'Website'). The Website provides you with an opportunity to browse and purchase online coaching and mentoring programs (the ‘Services’) and physical products (Products) that have been listed for sale on the Website. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
  2. The Website is operated by Growth Consultancy Pty Limited (ACN: 608 899 118 ) t/a The Queen of Confidence (‘The Queen of Confidence’). Access to and use of the Website, or any of its associated Products and Services are provided by The Queen of Confidence. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  3. The Queen of Confidence reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Queen of Confidence updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2.    Acceptance of the Terms

By proceeding to use or browse the Website, you warrant and acknowledge that you are over 18 years.   You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Queen of Confidence in the user interface.

3.    Purchase of Products & Services

  1. In using the Purchase Services to purchase the Products & Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Products & Services (the 'Purchase Price').
  2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the 'Payment Gateway Providers').
  3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  4. Following payment of the Purchase Price being confirmed by The Queen of Confidence, you will be issued with a receipt to confirm that the payment has been received and The Queen of Confidence may record your purchase details for future use.
  5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
  6. Unless otherwise stated as being amounts in accordance with your country of residence, 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.

4.    Purchase of Services, Cancellation and Termination

  1. If you choose to purchase the Services, including but not limited to the Sistahood and the Start Up Squad programs, you will be bound by the purchase terms and conditions provided at the point of purchase.
  2. If you choose to purchase the Services, The Queen of Confidence agrees to perform the Services for you in an online format, for the Purchase Price and on the date/s as set out on the relevant Service information page.
  3. You must notify The Queen of Confidence of an intention to cancel the Services as soon as practicable through e-mail to support@thequeenofconfidence.com and abide by the following (‘Cancellation Policy’).
  4. The Services are non-refundable. This means that if you wish to terminate the Services early, the Purchase Price is non-refundable.
  5. If you are paying through a payment plan, you are required to make all outstanding payments of the Purchase Price within 7 days of termination.
  6. The Queen of Confidence may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
  7. The Queen of Confidence reserves the right to terminate your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail.
  8. If The Queen of Confidence terminates your involvement in the Services, you agree to pay The Queen of Confidence for the portion of the services completed up to the date and time of termination. If you are paying through a payment plan, you are required to make all outstanding payments of the Purchase Price within 7 days of termination.

5.    Delivery of Services and License Information

If you are purchasing Services that include access to an online educational platform the following clauses will apply.

  1. Each purchase of the Services grants to you access to the program through Kajabi, the Membership Portal, or other portal made available from time to time (the ‘Membership Portal’). 
  2. When you purchase a Service, The Queen of Confidence grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’). 
  3. The Licence is valid for the term of the Services (‘Licence Term’). This means the Services will be viewable via the download link for the Licence Term only. After this time the Services will expire and you will no longer be able to access the Services.
  4. The Services are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Services materials, booklets, and access to any other aspect of the Services.

         

        6.    Group Coaching

        It is important to The Queen of Confidence that all participants are comfortable to fully participate in the Services. Therefore, if you are purchasing a group coaching program (Group Coaching Program) the following clauses will apply.

        1. As a participant in a Group Coaching Program (Participant), you expressly agree that you will not, through any means:
          1. harm, harass, hassle or abuse other Participants; or
          2. send un-welcomed communication such as spam to other Participants; or
          3. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
          4. infringe the intellectual property or privacy rights of any Participant or any third-party.

            1. The Queen of Confidence, 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.
            2. The Queen of Confidence retains the right to deny you access to the Services at any time for breach of these Terms.

               

              7.    Cancellation of Orders, Refunds and Returns of Products

              1. Once payment for an order has been accepted, no cancelations are permitted.
              2. Where a product has been listed at an incorrect price, or has incorrect written information or images, The Queen of Confidence reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.
              3. The Queen of Confidence wants you to be satisfied with your Product. If you have any issues with The Queen of Confidence Products, please e-mail support@thequeenofconfidence.com.
              4. If you have received the incorrect Product, The Queen of Confidence will provide a refund on the return of the item. To request a refund and organise a return for this reason please e-mail support@thequeenofconfidence.com with your proof of purchase and photographs of the Product you have received within 5 business days of receipt. The returned Product must be unopened, and its original saleable condition. 
              5. The Queen of Confidence does not provide refunds for change of mind.
              6. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
              7. In the following situations, no refund or return will be available:
                1. Denied acceptance of delivery by receiver;
                2. Inaccurate delivery address;
                3. Absent receiver -  If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to The Queen of Confidence for a return fee charged to the initial payment method. 

              8.    Delivery of Products

              1. You acknowledge that the Purchase Services offered by The Queen of Confidence integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
              2. In providing the Purchase Services, The Queen of Confidence may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that The Queen of Confidence is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
              3. In the event that an item is lost or damaged in the course of the Delivery Services, The Queen of Confidence asks that you:
                1. contact the Delivery Service Provider directly within 7 days to request a refund; and
                2. contact The Queen of Confidence within 7 days by sending an email to support@thequeenofconfidence.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

                9.    Warranty and Disclaimer

                1. Products
                  1. The Queen of Confidence Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
                  2. If you have received a Product that you believe is faulty or defective, please contact support@thequeenofconfidence.com with photographic proof.
                2. Services
                  1. The Queen of Confidence will use its best efforts and take all reasonable steps to help you achieve your desired results. However, The Queen of Confidence makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
                  2. 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 these Terms with The Queen of Confidence, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. 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. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
                3. Products Disclaimer
                  1. You are solely responsible for creating and implementing your own career or business, financial, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from your use of the Products. As such, you agree that The Queen of Confidence is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or for any direct or indirect result of any Products provided by The Queen of Confidence.
                4. Services Disclaimer
                  1. You are solely responsible for creating and implementing your own career or business, financial, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and your sessions and interactions with The Queen of Confidence. As such, you agree that The Queen of Confidence is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or career, or for any direct or indirect result of any Services provided by The Queen of Confidence.

                    You understand that in order to enhance the relationship and sessions with The Queen of Confidence, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.

                10.  Information Disclaimer

                1. Any information, advice, content or documentation provided on the Website, through the Services or within Products, free downloads, social media accounts, podcast, blog or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
                2. All care is taken in the preparation of the information and published materials on the Website, through the Services or within Products, free downloads, social media accounts, podcast, blog, or on any other related platform. The Queen of Confidence does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
                3. To the extent permissible by law, The Queen of Confidence will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services or within Products, social media accounts, podcast, blog, or on any other related platform.

                  11.   Copyright and Intellectual Property

                  1. You acknowledge that the Website, the Purchase Services, the Services and Products content, The Queen of Confidence name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by The Queen of Confidence or its affiliates, licensors, or suppliers whether displayed on the Website, social media accounts, podcast, blog or on any other related platform (‘the Content’).
                  2. You hereby indemnify and agree to keep indemnified The Queen of Confidence against all liability, losses or expenses incurred by The Queen of Confidence in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of The Queen of Confidence or any third party by you or your agents.
                  3. You may not, without the prior written permission of The Queen of Confidence and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
                  4. For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by The Queen of Confidence, The Queen of Confidence grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

                    12.  Privacy

                    The Queen of Confidence takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to The Queen of Confidence Privacy Policy.

                    13.  General Disclaimer

                    1. You acknowledge that The Queen of Confidence does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding     the Products and Services other than provided for pursuant to these Terms.
                    2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
                    3. Subject to this clause, and to the extent permitted by law:
                      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
                      2. The Queen of Confidence will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
                    4. Use of the Website, the Purchase Services, and any of the Products and Services of The Queen of Confidence is at your own risk. Everything on the Website, the           Purchase Services, and the Products and Services  of The Queen of Confidence,           are provided to you on an "as is" and "as available" basis, without warranty or   condition of any kind. None of the affiliates, directors, officers, employees,            agents, contributors, third party content providers or licensors of The Queen of         Confidence make any express or implied representation or warranty about its            Content or any Products and Services or Purchase Services (including the            Products and Services or Purchase Services of The Queen of Confidence)        referred to on the Website. This includes (but is not restricted to) loss or damage   you might suffer as a result of any of the following:
                      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
                      2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
                      3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products and Services;
                      4. the Content or operation in respect to links which are provided for your convenience;
                      5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
                      6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

                      14.  User Generated Content

                      1. If you choose to contribute any content to the Website or any other platform   operated by The Queen of Confidence, you are solely responsible for it. This       includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
                      2. By contributing content to the Website, you grant The Queen of Confidence    a royalty-free, non-exclusive license to use Your Content in any way that it        chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by The Queen of Confidence.
                      3. Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree The Queen of Confidence can use that information with your User Content for       advertising and promotional purposes, or any other business purpose
                      4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to The Queen of Confidence social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to The Queen of Confidence. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
                      5. Please ensure you keep your own copies of Your Content as The Queen of Confidence may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
                      6. The Queen of Confidence will endeavour to provide you with an appropriate credit when using Your Content on The Queen of Confidence platforms, though you understand and agree this may not always be possible.
                      7. The Queen of Confidence reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate,         threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

                      15.  Mailing List Registration

                      1. You will be given the option to register for The Queen of Confidence Mailing    List (the 'Mailing List').
                      2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details),       including:
                        1. Email address
                        2. Name and address
                        3. Mobile phone number
                      3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from The Queen of Confidence.

                      16.   Limitation of Liability

                      1. The Queen of Confidence’ total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Queen of Confidence is the resupply of information or Purchase Services to you.
                      2. You expressly understand and agree that The Queen of Confidence, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
                      3. The Queen of Confidence is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Queen of Confidence, by third parties or by any   of the Purchase Services offered by The Queen of Confidence.

                        17.  Indemnity

                        You agree to indemnify The Queen of Confidence, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

                        1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
                        2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
                        3. any breach of the Terms.

                          18.  Venue and Jurisdiction

                          The Purchase Services offered by The Queen of Confidence is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

                          19.  Governing Law

                          The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

                          20. Independent Legal Advice

                          Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

                          21.  Severance

                          If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.