Terms of Sale for Courses, Programs, Training Consultations & Mentoring/Consulting Packages

LAST UPDATED: 10 SEPTEMBER 2017

These terms and conditions are governed by the laws of Queensland, Australia and you hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.

On this website:
“Additional Rules” means any additional rules or guidelines that we determine to apply to particular events or aspects of this website, such as competitions or special promotions;

“Loss” means any loss, damage, cost, claim or expense;

“Terms and Conditions” means these terms and conditions of use (as varied by us from time to time) and includes any Additional Rules;

“we” and “us” means Optimise and Grow Online (ABN 33 136 392 449) of Queensland, Australia;

and “website” means the whole or any part of this website located at www.optimiseandgrow.online and it’s connected course and program delivery software.

Any questions about terms or any of the services or programs can be sent to hello@optimiseandgrow.online.

 

By continuing with your purchase, download or subscription on this website or associated Optimise & Grow Online online link you are hereby agreeing to these terms and conditions.


LET’S WORK TOGETHER TO OPTIMISE & GROW YOUR BUSINESS

This Agreement contains the entire agreement between the client and Optimise & Grow Online with respect to the subject matter of the contracted services and agreement.

Both parties agree that this document supersedes and prevails over any prior agreement or understanding (if any) between the parties.

To request a personalised service agreement, or if you have any questions about the terms, please email hello@optimiseandgrow.online.

These terms do not supercede a previously signed client agreement that is already in place.

Optimise & Grow Online reserves the right to amend or update these terms and conditions at any time, and without notice.

 

CONFIDENTIALITY

Optimise & Grow Online agrees to keep details of all sessions, strategies and plans, content, ideas, passwords, logins, client information, and associated data that is shared for purposes required to complete the contracted services confidential at all times. Optimise & Grow Online ask that you do the same.

In working together it is extremely important that the relationship is built on trust. As such Optimise & Grow Online is committed to the utmost confidentiality. All information (written or verbal) that the Client shares with Optimise & Grow Online, and vice-versa, as part of this relationship will be kept confidential unless disclosure is required for staff, external parties or sub-contractors to fulfill services as part of this agreement, or if required by law (such as fear for your or another person’s safety or through a court order or subpoena).

While Optimise & Grow Online will do our best to maintain security and confidentiality of all information shared, Optimise & Grow Online takes no responsibility for the security of information shared via third party applications such as email providers, the website or social media platforms which may be accessible to third-parties.

Optimise & Grow Online may share the nature of the meetings or service requests with another professional for the purpose of seeking advice or guidance on how to best be of service.

If meetings are being recorded, Optimise & Grow Online will inform the Client of this fact. The recordings will not be made public, in any way at any time.

 

DISCLAIMER
Optimise & Grow Online makes no guarantees and the client accepts that given the nature of the services provided by Optimise & Grow Online, the results experienced by every client will differ. The client accepts responsibility for any such variance.

 

PAYMENTS

By agreeing to these terms you are indicating you are financially capable of investing in this consulting and service agreement and that you are in no way undertaking economic hardship to participate.

Payment options are outlined on the purchase page on this website. Packages, products and individual sessions can be paid in full upfront or via subscription payment plan.

Failure to pay the due fees prior to a booked session, will forfeit the booking.

All associated project invoices from Optimise & Grow Online are issued in Australian Dollars and must be paid via bank transfer or credit card unless pre-arranged otherwise.

 

INTELLECTUAL PROPERTY, DESIGN & IDEAS

The client acknowledges that all imagery and content provided to Optimise & Grow Online for marketing purposes is owned or created by the client, or it is legally permitted to be used royalty-free for commercial purposes.

Where applicable Optimise & Grow Online does not permit public or commercial use of any materials, recordings and content created by Optimise & Grow during the fulfillment of the contracted services.

Duplication of any part of the materials, recordings and content created by Optimise & Grow during the fulfillment of the contracted services, programs or courses is strictly prohibited unless granted permission in writing.

All materials are subject to copyright and all rights are reserved by Robyn Kyberd trading as Optimise and Grow Online.

Intellectual Property of the client will remain the property of the client.

Any breach of copyright will result in prosecution.

 

COURSES, PROGRAMS, PRODUCTS & SPECIAL OFFERS

Application is not guaranteed.

While we do all in control to ensure appropriate connection at all times, we are not liable for not receiving your application or emails which results in missing a place in the advertised program or course.

We do not warrant or guarantee specific commercial outcomes unless a specific, written performance guarantee has been entered into.

All programs and courses that have not yet commenced have a no questions asked, 100% money back guarantee unless specifically outlined otherwise in these terms.

Any courses or program that have been won as part of a giveaway or transferred as a gift are not eligible for refund nor redeemable for cash.

Courses, programs or special offers sold by Optimise & Grow Online are not permitted to be sold or bartered to a third-party by the original winner.

Close of cart dates and special offer promotional dates are final and Optimise & Grow Online is not obliged to offer the discount or special offer for any individual after the end of the promotional period.

Any participant found to be broadcasting or sharing access to any part of any paid service, course or program with a third-party that has not paid for access will be immediately removed from the associated service, course or program and will be liable for damages.

Optimise & Grow Online reserves the right to amend or update the course, program or special offer details and inclusions at any time, and without notice.

 

PROJECT & MENTORING PACKAGE AMENDMENTS

All project or mentoring packages are required to book a discovery call prior to commencement.

Application is not guaranteed.

All project and mentoring packages will be sent a customised client agreement prior to commencement. The custom agreement supercedes the terms and conditions outlined here on the website. 

 

At any time the client is welcome to upgrade or downgrade their project or package contract or adjust inclusions with additional fees.

The client must provide instructions of sufficient detail so as to adequately define the client’s requirements. Where the client fails to provide instructions to their consultant in a timely manner and in so doing prevents or otherwise hinders the consultant in achieving completion of the works in the allocated time-frame, Optimise & Grow Online is not liable to the client for failure to complete works.

 

TIME LIMIT ON CLAIMS

To the maximum extent permitted by law, Optimise and Grow Online shall be deemed to have been discharged absolutely from all Claims for liability arising from the Services (or from any act or omission of Optimise and Grow Online relating to the Services) at common law or equity or under statute after the expiration of 90 days from the completion of the Services.

The client agrees that it and any persons or entities claiming through client shall be barred from commencing any action, proceeding or claim whatsoever against Optimise and Grow Online, its officers or employees in respect of the Services.

 

ROLE

Optimise & Grow Online and/or associated staff and sub-contractors are not employees of the client, but an independent contractor.

Optimise & Grow Online may sub-contract any of its obligations to the client as part of this agreement. This is at the discretion of Optimise & Grow Online.

Any works completed by sub-contractors are bound by these terms and conditions.

 

CANCELLATION & REFUNDS

Cancellation of booked sessions must be received a minimum of 24 hours prior. We will do our best to accommodate rescheduling of your appointment.

Failing to attend a booked session without notice will forfeit the booking fee. No refunds will apply.

No refunds will apply to clients failing to attend a course or program live session.

To request a refund please email hello@optimiseandgrow.online or cancel your subscription directly via Stripe or PayPal if applicable.

Termination of agreement from either party must be completed in writing via email.

All outstanding fees must be paid full within 7 days of cancellation. Any pro-rated advance payments will be refunded to the client within 7 days.

We reserve the right to terminate provision of services in the event that accounts are more than 30 days overdue and reserve the right to withhold all further products and services, including but not limited to graphics, materials, advertising copy, digital and multimedia content and internet traffic generation strategies until accounts have been paid in full.  This right to terminate provision of services may extend to multiple projects or websites owned by the same client or key person and may include suspension of web hosting services.

All programs and courses that have not yet commenced have a no questions asked, 100% money back guarantee unless specifically outlined otherwise in these terms.

Sessions, courses, programs or digital products that have been fulfilled, that have been sent or received, are not eligible for refund.

Once a course or program has commenced, or if your request for a refund is received after 30 days of purchase.

An administration fee of $22 applies to all refund requests and will be deducted from the amounts due for refund.

You will receive your refund within 14 days of your request, if not before.

 

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Now that all of the legals are out of the way, I look forward to working with you!

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