BD Sprint

Thank you for making a purchase with Emma McQueen. These Purchase Terms and Conditions (Terms) govern your purchase.

By clicking “accept” you agree to these Purchase Terms and Conditions.

1. About the Website
1.1. The website www.emmamcqueen.com.au (Website) is operated by Emma McQueen Pty Ltd (ACN: 631 996 131) t/a Emma McQueen (Emma McQueen). Access to and use of the Website, or any of its associated programs or services, is provided by Emma McQueen.
1.2. The Website provides you with an opportunity to browse and purchase access to Emma McQueen’s group program titled BD Sprint, which has been listed for sale through the Website (Program). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
1.3. You have agreed to purchase the Program through the Website.
1.4. These Terms are to be read in conjunction with the relevant payment page (Payment Page) and Program information page (Information Page) for the BD Sprint as set out on the Website.

2. Acceptance of the Terms
You accept these Terms by proceeding with your purchase and/or by clicking to accept or agree to the Terms where this option is made available to you.

3. Personal Information
3.1. When purchasing the Program, you will be required to provide personal information such as your name, address and e-mail address.
3.2. You agree that all details that you have provided in completing the purchase are true and correct.
Your personal information is kept in accordance with Emma McQueen’s Privacy Policy (Privacy Policy) which can be accessed via the Website.

4. Purchase of the Program
4.1. In using the Purchase Services to purchase the Program through the Website, you will agree to the payment of the purchase price listed on the Website for the Program (Purchase Price).
4.2. Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers).
4.3. 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.
4.4. 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.
4.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
4.6. In order to access the Program, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Program, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
(a) E-mail Address
(b) Password
(c) ABN/ACN
(d) Address
4.7. You warrant that any information you give to Emma McQueen in the course of completing the registration process will always be accurate, correct and up to date.
4.8. Once you have completed the registration process, you will be a registered member of the Website (Member).
4.9. You may not purchase the Program if you are not of legal age to form a binding contract with Emma McQueen.

5. Your obligations as a Member of the Website
5.1. As a Member, you agree to comply with the following:
5.2. You will use the Website only for purposes that are permitted by:
(a) these Terms and the associated Website terms and conditions;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Program;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Emma McQueen of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Emma McQueen providing the Program;
(f) you will not use the Program or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.

6. Refunds
The Program is non-refundable. Please keep this in mind when making your purchase.

7. Delivery of Program and Licence Information

7.1. The Program purchase grants you access to the Program through the applicable Program platform provided and the Website as applicable (Member Portal), and access to the BD Sprint Group on the video chat app, Marco Polo (Marco Polo).

7.2. All inclusions for the Program are set out on the Program Information Pages of the Website, and the Program you have purchased will be delivered in accordance with the inclusions outlined in the Program Information Page.

7.3. When you purchase a Program through the Website, Emma McQueen grants you a limited, revocable, non-exclusive, non-sublicensable, 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 (Licence).

7.4. Unless otherwise agreed in writing, the Licence is valid for the duration of the Program only (Licence Term). This means the Program and content will be viewable for the duration of the Program, after which time the access will expire and you will no longer be able to access the Program.

7.5. The Program is intended for single use only within the Licence Term. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Program materials, digital resources, and access to any other aspect of the

8. Group Program Participation

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

8.2. Emma McQueen, at its discretion, reserves the right to remove, edit or alter any content created by you in the Member Portal or any other platform utilised in the delivery of the Program.

8.3. Emma McQueen retains the right to deny you access to the Program at any time for breach of these Terms.

9. Warranty

9.1. Emma McQueen will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Emma McQueen makes no warranty that the Program will meet your requirements or that all participants will achieve the same results.

9.2. The Program comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Program, you are entitled to cancel your contract with Emma McQueen and are entitled to a refund for the unused portion. A major failure with the Program 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

10. Privacy
Emma McQueen takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Emma McQueen’s Privacy Policy.

11. Disclaimer

11.1. You are solely responsible for creating and implementing your own business and personal decisions, choices, actions and results arising out of or resulting from the Program and/or your involvement in the Program, and/or interactions with Emma McQueen. As such, you agree that Emma McQueen is not and will not be liable or responsible for any actions or inaction, including effects on your business, personal life, or for any direct or indirect result of any involvement in a Program provided by Emma McQueen.

11.2. You understand that the Program, and any information you receive through your involvement in the Program, or through any materials and documents provided to you, are not a substitute for professional business, accounting, financial or legal advice. Emma McQueen recommends you seek your own independent professional advice before relying on any information, tools, case examples, or guidance provided through the Program. Emma McQueen will not be liable in any way for your use of, or reliance upon, the information or material provided to you.

12. Limitation of Liability

12.1. Emma McQueen’s total liability arising out of or in connection with the Program 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 Emma McQueen is the resupply of information or the Program to you.

12.2. You expressly understand and agree that Emma McQueen, 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.

13. Copyright and Intellectual Property Rights

13.1. You agree that any works, documentation, materials, Program content, creative works or information of whatever nature produced or developed by Emma McQueen or under Emma McQueen’s direction pursuant to or in the course of providing the Program will remain the sole and complete property of Emma McQueen, whether such property is tangible or is in the nature of industrial and intellectual property rights.

13.2. There is no assignment of intellectual property rights by Emma McQueen to you pursuant to these Terms and/or in the delivery of the Program.

14. Dispute Resolution & Mediation
If a dispute arises out of or relates to the terms of these Terms, either party may not commence any legal proceedings in relation to the dispute unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.

15. Force Majeure

15.1. If circumstances beyond Emma McQueen’s control prevent or hinder the provision of the Program, Emma McQueen is free from any obligation to provide the Program while those circumstances continue. Emma McQueen may elect to terminate these Terms or keep them current until such circumstances have ceased.

15.2. Circumstances beyond Emma McQueen’s control 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.

15.3. For the sake of clarity, if, in Emma McQueen’s reasonable opinion, the provision of the Program will be affected by a pandemic, Emma McQueen may suspend the provision of the Program in part or in whole to You indefinitely. Additionally, Emma McQueen will not be liable for any losses or damage due to a pandemic. If You choose to terminate these Terms due to a pandemic, the termination clause will apply.

16. Indemnification
You hereby indemnify and agree to keep indemnified Emma McQueen 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 Intellectual Property as outlined above.

17. Marketing
You agree that any testimonials that may be provided by you from time to time may be used by Emma McQueen for marketing purposes.

18. No partnership or agency
Nothing contained or implied in these Terms 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.

19. Assignment
These Terms may not be assigned without the consent of both parties.

20. Variation
These Terms may not be changed or modified in any way except in writing.

21. Venue and Jurisdiction
The Program offered by Emma McQueen is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Program, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

22. Governing Law
These Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, or claim of whatever nature arising out of or in any way relating to the Terms will be governed by the laws of Victoria.

23. 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.

24. 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.

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