Terms of Sale for Digital Products, Courses, Programs, Training, Consultations, and Packages
LAST UPDATED: June 2021
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 & Grow Pty Ltd (ABN 49651308404) of Queensland, Australia, trading as Optimise & Grow Pty Ltd, Optimise and Grow Online, and Optimise & Grow;
and “website” means the whole or any part of our websites located at optimiseandgrowonline.com.au, members.optimiseandgrow.online, optimiseandgrow.online, howto.optimiseandgrowonline.com.au and it’s connected course and program delivery software.
Any questions about terms or any of the services or programs can be sent to firstname.lastname@example.org.
- LET’S WORK TOGETHER TO OPTIMISE & GROW YOUR BUSINESS
- This Agreement contains the entire agreement between you and us 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. These terms do not supersede a previously signed client agreement that is already in place.
- If you have any questions about these terms, please email email@example.com.
- We reserve the right to amend or update these terms and conditions at any time, and without notice.
- We 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. We ask that you do the same.
- In working together it is extremely important that the relationship is built on trust. As such we are committed to the utmost confidentiality. All information (written or verbal) that you share with us, and vice-versa, as part of this relationship will be kept confidential unless disclosure is required for staff, external parties or sub-contractors to fulfil 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 we will do our best to maintain security and confidentiality of all information shared, we take 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.
- We 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, we will inform you of this fact. The recordings will not be made public, in any way, at any time.
- You must not share with any third party any personal logins or access to documentation provided by us without written consent.
- We make no guarantees with any of the products or services sold.
- You accept that given the nature of the products and services provided by us, the results experienced by every client will differ. You accept responsibility for any such variance.
- INTELLECTUAL PROPERTY
- We do not permit public or commercial use of any materials, recordings and content created and published by us without prior written consent.
- Duplication of any part of the materials, recordings and content created by us is strictly prohibited without prior written consent.
- All materials are subject to copyright and all rights are reserved by us.
- Any breach of copyright will result in prosecution.
- COURSES, PROGRAMS, PRODUCTS & SPECIAL OFFERS
- Application is not guaranteed entry into the offer or program.
- While we do all we can to ensure appropriate connection at all times, we are not liable for not receiving your application or order emails which results in missing a place in the advertised program or course.
- We do not warrant or guarantee specific commercial outcomes.
- 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 us 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 we are 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.
- We reserve the right to amend or update the course, program or special offer details and inclusions at any time, and without notice.
- By agreeing to these terms you are indicating you are financially capable of the investment and that you are in no way undertaking economic hardship to participate or purchase.
- Payment options are outlined on the product page in the online store. If you require a payment plan, please contact us to arrange.
- All associated project invoices from us are issued in Australian Dollars and must be paid via card unless pre-arranged to pay via bank transfer.
- 10% GST applies to all Australian customers.
- Failure to pay outstanding subscription fees will result in your access being immediately revoked.
- CANCELLATION & REFUNDS
- Consultations, training sessions, e-courses, programs or digital product orders that have been fulfilled, that have been sent to the recipient, have commenced, or where login information has been sent, are not eligible for refund.
- All live training and programs that have not yet commenced have a no questions asked, 100% money back guarantee if claimed at least 2 days prior to commencement unless specifically outlined otherwise in these terms.
- Once a program has commenced, an administration fee of 50% applies to all refund requests and will be deducted from the amounts due for refund.
- If a course or program has completed, no refunds apply.
- Cancellation of booked sessions must be received a minimum of 4 hours prior. We will do our best to accommodate rescheduling of your appointment.
- Repeat appointment cancellations or missed appointments will forfeit your booking fee and appointment/s. No refunds will apply.
- Failing to attend a booked session without notice will forfeit the booking fee. No refunds will apply.
- No refunds will apply to clients or customers failing to attend a course or program live session.
- To request a refund please email firstname.lastname@example.org or cancel your subscription directly through Your Account if applicable.
- All outstanding fees must be paid full within 7 days of cancellation.
- Any pro-rated advance payments will be refunded to the customer within 7 days.
- We reserve the right to terminate provision of products and services in the event that accounts are more than 3 days overdue and reserve the right to withhold all further products and services until accounts have been paid in full.
- Any approved refunds will be processed within 14 days of your request.
- TIME LIMIT ON CLAIMS
- To the maximum extent permitted by law, we shall be deemed to have been discharged absolutely from all Claims for liability arising from the Products and Services (or from any act or omission by us relating to the Products and Services) at common law or equity or under statute after the expiration of 90 days from the completion of the Product or Services.
- You agree that yourself and any persons or entities making a claim shall be barred from commencing any action, proceeding or claim whatsoever against us, its officers or employees in respect of the Services.
- ADDITIONAL TERMS
- Additional terms of sale apply for services and selected programs, these terms are presented in the form of written proposal and contract or at checkout in the form of a contract acceptance prior to accepting payment.