PURCHASE TERMS AND CONDITIONS
Thank You for choosing Emma McQueen.
These Terms and Conditions govern the relationship between the Parties.
By clicking “accept” You agree to these Terms and Conditions.
These Terms and Conditions (Terms) are read in conjunction with the information on the Booking Page (‘the Booking Page’) and the relevant course or program Information Page of the Website (‘Information Page’). The Information Page can be found via the Website.
You are the Client, and Your details are set out on the Booking Page of the Website.
Emma McQueen Pty Ltd (ACN: 631 996 131) of PO Box 6023, Wantina, VIC 3152
t/a Emma McQueen (‘Emma McQueen’)
Emma McQueen offers a unique program known as Revenue Raiser (‘Revenue Raiser’), where participants come together in a group setting over a 6 month period, to develop their business and work towards increasing revenue. Revenue Raiser includes support around scaling and enhancing small businesses, aswell as support for various other business challenges unique to the participants (‘Services’).
You have engaged Emma McQueen to provide the Services.
2. The Engagement
(a) Emma McQueen agrees to perform the Services for You, for the Fees, Term and on the Date/s as set out in the Schedule.
(b) Emma McQueen will work with You in a group setting to help You work towards Your goals.
(c) Emma McQueen agrees to commence the Services on the Commencement Date, upon acceptance these Terms and Conditions, and upon payment of any required Fees by You.
(d) Emma McQueen will provide the Services online, based on whichever will suit both parties best. This will be agreed to in writing prior to the Commencement Date.
(e) From time to Emma McQueen may, at its sole discretion, provide You with bonus content or material, as set out in the Proposal.
(f) The Parties may send and respond to video messages on Marco Polo when it is convenient to that party, not limited to business hours.
3. Payment for the Services
3.2. You agree to pay Emma McQueen the Fees as set out on the Booking Page.
3.3. You agree to make Payment of the Fees via the Website.
3.4. The Fees are non-refundable.
3.5. You acknowledge and agree that Emma McQueen is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations.
3.6. 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 (Cth), exclusive amounts. Where the Services are provided to individuals outside Australia, GST is inapplicable
4. Cancellations, Refunds and Termination
4.1. You must notify Emma McQueen of an intention to cancel the Services as soon as practicable through e-mail to email@example.com and abide by the following (‘Cancellation Policy’).
4.2. The Services are non-refundable. If you wish to terminate the Services early, all unpaid amounts of the Fees are non-refundable.
4.3. Emma McQueen reserves the right to terminate Your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail. If Emma McQueen terminates the Services, You agree to pay Emma McQueen for the portion of the Services completed up to the date and time of termination.
5. Copyright and Intellectual Property Rights
5.1. Intellectual Property Rights
(a) You agree that any works, items, documentation, creative works, materials 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 Services 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 (including copyright and rights of Confidential Information).
(b) If You have fully complied with this Agreement and if the works, items, materials or information referred to in clause 5.1(a) have been produced by Emma McQueen as part of the Services, Emma McQueen 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.
(c) There is no assignment of Intellectual Property Rights by Emma McQueen to You pursuant to this Agreement.
(d) Nothing in this Agreement affects the Moral Rights in any works, items, materials or information supplied pursuant to this Agreement.
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 copyright in such literary and artistic works supplied as aforesaid.
(a) Emma McQueen will use its best efforts and take all reasonable steps to help You achieve your desired results. However, Emma McQueen makes no warranty that the services will meet Your requirements or that all clients will achieve the same results.
(b) The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, You are entitled to cancel Your Agreement with Emma McQueen, and You are entitled to a refund for the unused portion, or to compensation for its reduced value.
(a) You are solely responsible for Your own business, financial, physical, mental and emotional well-being, Your decisions, choices, actions and results arising out of or resulting from the Services. 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 career, or for any direct or indirect result of any Services provided by Emma McQueen.
(b) You understand that the Services, and any information You receive through Your involvement in the Services, or through any materials and documents provided to You are not a substitute for psychological, legal, business or financial advice. Emma McQueen recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided in the Services. Emma McQueen will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.
8. Coaching Relationship and Your Obligations
(a) 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.
(b) You agree to adequately prepare for each session by following the reasonable requests of Emma McQueen, including but not limited to bringing an issue or agenda to the relevant session from time to time.
(c) You agree to attend each session on time. Emma McQueen will not be responsible for You missing out on the value of a session should you arrive late.
(d) You agree to cooperate with Emma McQueen to resolve any issues that arise in the provision of the Services.
9. Liability and waivers
Emma McQueen’s total liability arising out of or in connection with the Services or this Agreement, 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 this Agreement 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 this Agreement does not amount to a waiver.
10. Disclosure and Use of Confidential Information
(a) All obligations of confidentiality set out in this Agreement continue in full force and effect after the Services have been provided.
(b) Either Party must not disclose any Confidential Information to any third-Party without the other Party’s prior consent.
(c) Each Party must keep confidential the terms of this Agreement and any Confidential Information shared the Services. If a Party becomes aware of a breach of this obligation, that Party will immediately notify the other Party.
(d) This Agreement prohibits the disclosure of Confidential Information by Emma McQueen with exception to the following circumstances:
i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and You have consented to the disclosure of such information to the professional adviser;
ii. the disclosure is required by applicable law or regulation; or
iii. if the confidential information is already in the public domain at no fault of Emma McQueen.
11. Force Majeure
(a) If circumstances beyond Emma McQueen’s control prevent or hinder its provision of the Services, Emma McQueen is free from any obligation to provide the Services while those circumstances continue. Emma McQueen may elect to terminate this Agreement or keep the Agreement remaining current until such circumstances have ceased.
(b) 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.
12. No partnership or agency
Nothing contained or implied in this Agreement 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.
13. Governing Law & Jurisdiction
This Agreement is governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Services, the parties agree that Victoria, will be the venue for resolving any disputes.
14. Dispute Resolution & Mediation
If a dispute arises out of, or relates to this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement in good faith, through an appropriate mediator to be appointed by an independent third party, as agreed, or his or her nominee, and attend a mediation
Any provision of this Agreement 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 this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
16. Entire Agreement and Modifications
The parties confirm and acknowledge that this Agreement is the entire Agreement between the parties and supersedes and overrides all previous communications, either oral or written, between the parties.