Julie Fletcher Business Collective

TERMS AND CONDITIONS

Disclaimer: By purchasing the Services from us, you acknowledge and agree that the Services are provided for general information purposes only, and on an “as is” basis. The Services are not intended to be, and you must not use the Services on the basis that it is individualised or customised business advice. If you choose to make use of any information, materials or deliverables provided in the delivery of the Services, you do so at your own risk. We do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the information, materials or deliverables provided in the delivery of the Services. It is your sole responsibility to determine the suitability, reliability and usefulness of our Services.

  • Acceptance
    • These Terms and Conditions (Terms) are entered into between Rosly Pty Ltd ABN 18 625 477 456 (we, us or our) and you, the person described in the invoice we provide to you (Invoice) or who requests our Services through the site, available at www.juliefletcherbusinesscollective.com (Site).
    • We provide workshops, business coaching, online business courses, and host events and workshops for business (Services).
    • You would like to engage us for the Services that you request on our Site or as described in the Invoice, on the terms and conditions of these Terms.
    • You accept these Terms by the earlier of:
      • confirming by email that you accept these Terms;
      • confirming that you accept these Terms through our Site;
      • instructing us (whether orally or in writing) to proceed with the provision of the Services; and
      • making part or full payment of the relevant price for the Services.
    • Please read the Terms carefully and immediately cease using the Site and our Services if you do not agree to these Terms.
    • You agree that if you accept these Terms through our Site, we may, at our absolute discretion, accept or reject your acceptance of these Terms and we will have no obligation to provide the Services to you. We will endeavour to notify you of a rejection within a reasonable time of your acceptance of these Terms.
  • Account
    • You may be required to create an account in order to purchase our Services (Account). You must ensure that any personal information you give to us when creating an Account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy. If you are accepting these Terms on behalf of anyone else including signing up a Minor (defined below) to courses, you warrant that you have consent to disclose their personal information to us in accordance with our Privacy Policy. It is your responsibility to keep your Account details confidential and you are liable for all activity on your Account, including any purchases made using your Account details.
    • You must not create an Account and/or sign up for the Services unless you are at least 18 years of age. If you are under 18 years of age (a Minor) you must ask your parent or legal guardian to sign up for Services through the Site on your behalf and obtain your parent or guardian’s consent to be able to participate in any Services.
    • If you are signing up for a Service for a Minor you agree to: (i) assume all risks associated with, and liabilities resulting from, the Minor’s participation in the Service; (ii) ensure that the Service is suitable for the Minor; (iii) ensure all information submitted to us on behalf of the Minor is accurate; and (iv) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
  • Courses
    • You may sign up for online courses from us as set out on the Site.
    • After purchasing a course, you will be able to access the online courses for a period as set out on the Site. After that time, we may remove the course from the Site and you will no longer have access to the content.
    • From time to time, we may update the content of an online course. Provided that your access to the course has not expired, you will be able to access the updated content through the Site.
  • Coaching
    • You may sign up for coaching services from us as set out on in our Invoice or on the Site.
    • After purchasing coaching services, you may be required to complete a registration form and provide details about yourself and/or what you are interested in learning or skills you are interested in developing.
    • We may provide coaching services to you online, face-to-face or by any other means agreed between the Parties.
  • Events
    • You may sign up for a workshop or event hosted by us as set out on in our Invoice or on the Site.
    • After purchasing an event, you may be required to complete a registration form and provide details about yourself and/or what you are interested in learning or skills you are interested in developing.
    • We may provide events online, face-to-face or by any other means agreed between the Parties.
  • Rescheduling and Cancellations
    • Prior to our provision of the Services, you may request to reschedule or cancel the Services by providing us with written notice which you may provide via email or through the Site.
    • If you wish to reschedule the Services, you agree to:
      • provide us with at least 24 hours’ notice prior to the scheduled date for the Services, if you have engaged us for coaching services; or
      • provide us with at least 7 days’ notice prior to the scheduled date for the Services, if you are to participate in an event, and if you do not give us the relevant notice, the Services may not be rescheduled and we will not refund you for the Services.
  • If you wish to cancel an online course or coaching program, you agree that we will have no obligation to refund you any monies paid for the Services.
  • If you wish to cancel your participation in an event, you agree to pay to us, or allow us to retain, the cancellation fee (if any). The cancellation fee (if any) will be described on our Site or as otherwise notified by us and may be calculated on the basis of the period of notice provided by you. You acknowledge that the payment of such cancellation fee is a genuine pre-estimate of the loss we have incurred as a result of your cancellation.
  • Fees and Payments
    • You agree to pay the price for the relevant Services, using the payment method (including by PayPal or STRIPE) as set out on the Site or our Invoice (Service Fee) and following any other instructions set out on the Site or Invoice.
    • Each time that you request our Services and accept these Terms, subject to clause 6, this results in a separate binding agreement between you and us for the supply of our Services in accordance with the Terms.
    • It is your responsibility to verify what you are requesting, including details of the Services you have selected and pricing, before you request our Services. You will be required to pay for our Services upfront. We may, in our absolute discretion, accept alternative payment terms. If this is required by you, please contact us directly to discuss alternative payment terms.
    • If we accept alternative payment terms and any payment has not been made in accordance with the agreed payment terms, we may (at our absolute discretion) immediately cease providing the Services (and recover, as a debt due and immediately payable from you, our additional costs of doing so) and/or charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with the agreed payment terms.
    • You warrant that you have considered the details of the Services, and have determined that they are appropriate for you.
    • The Services may be provided online, in person, by telephone or by online conferencing as set out on the Site or Invoice and may be single events or ongoing sessions for time periods set out on the Site, the Invoice or as otherwise agreed between the Parties.
  • Forum
    • The Site may have a forum on which registered users are able to communicate.
    • We ask you to limit your discussions to topics which are relevant to the Site and our online courses.
    • We reserve the right to remove any posts which we, in our sole discretion, deem to be inappropriate.
    • We are not responsible for the conduct of any user of our Site.
    • Your participation on the forum is subject to these Terms and the Website Terms of Use set out on the Site.
  • Your cooperation
    • You agree to do all things, and provide us with all assistance, information, documentation, access, facilities, authorities, consents, licences and permissions necessary, and as we reasonably required for us, to be able to provide the Services to you.
  • User Content
    • You may be permitted to post, create, upload, publicise or otherwise submit content (Submit), such as pictures and videos on the Site (User Content). You must Submit User Content in accordance with the Website Terms of Use as set out on the Site.
  • Exclusions
    • You must not access or use the Site except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights in the courses, coaching content or the Site. Without limiting the foregoing provisions, you must not and must not permit any other person to:
      • resell, assign, transfer, distribute or provide others with access to the Services or the Site;
      • “frame”, “mirror” or serve any of the materials or the Site on any web server or other computer server over the Internet or any other network;
      • copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance our materials or the Site;
      • alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Services or the Site;
      • use the Services or the Site in any way which is in breach of any applicable local, state, federal and international laws and regulations (Laws) or which infringes any person’s rights, including intellectual property rights;
      • use the Services or the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
      • use the Services or the Site in any way that damages, interferes with or interrupts the supply of the Services or the Site;
      • introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks (Systems), including viruses, worms, trojan horses and e-mail bombs;
      • reveal your Account password to others or allow others to use your Account;
      • use the Services or the Site to make fraudulent offers of goods or services;
      • use the Services or the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
      • use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Services or the Site;
      • send any unsolicited email messages through or to users of the Site in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”);
      • use the Services or the Site to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers; or
      • solicit or entice away, any person or organisation that was our actual or prospective, client, employee, contractor, representative, agent, or developer during the Term.
    • Limitations
      • Despite anything to the contrary, to the maximum extent permitted by law:
        • our maximum aggregate liability arising from or in connection with the Terms (including the courses, coaching content, events and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Service Fees paid by you to us for the courses the subject of the relevant claim; and
        • we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  • Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
    • act or omission by you;
    • the Site or your use of the Site;
    • failure or delay in providing the Services;
    • problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or internet traffic congestion;
    • loss or damage, including personal injury or death, resulting from using the Site or your participation in an event we organise;
    • any acts or omissions of any third party (including, but not limited to any recreational activity provider, hotel, tour operator or transport provider);
    • event or circumstance beyond our reasonable control;
    • information or documentation supplied by you;
    • breach of the Terms or any law; and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services.
  • You acknowledge and agree that you use the materials, the Site and the materials obtained on the Site at your own risk. To the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with your acts or omissions based on the material contained within the online courses.
  • Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010(Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL.  Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
  • Intellectual property
    • All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to any online courses, videos, guides, coaching materials, presentations or other materials (including in connection with the Terms and the Services) will at all times vest, or remain vested, in us.
    • We give you a limited, revocable, non-transferable licence to use, for your personal use, any materials or other content we provide to you as part of our Services (including online courses, coaching or events).
    • Unless otherwise agreed to by us, you must not, without our prior written consent:
      • copy or use, in whole or in part, any of our intellectual property;
      • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
      • breach any intellectual property rights connected with the Site or Services, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
    • Termination
      • We may immediately suspend, terminate or limit your access to and use of the Site and (where applicable) your Account if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.
      • Notwithstanding anything to the contrary, if we are made aware that you are in breach of any of our intellectual property rights, we may immediately suspend your access to the Site and notify you of such suspension. We may choose to reverse your suspension after discussing the matter with you, in our sole discretion. Any subsequent breaches of our intellectual property rights may result in the immediate termination of your Account.
      • We may stop making the Site (or any part of it, including any online courses) available without prior notice.
      • If we cannot charge your payment method for any reason (such as expiration or insufficient funds), your access to our Services may be revoked. You remain responsible for any uncollected amounts, and we will attempt to charge your payment method. You are responsible for updating your payment method information.
      • You agree that we may terminate these Terms upon written notice to you if:
        • you breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
        • you fail to provide us with clear or timely instructions or information to enable us to provide the Services;
        • for any other reason outside our control which has the effect of compromising our ability to provide the Services; and
        • you are unable to pay your debts as they fall due.
      • Upon expiry or termination of these Terms:
        • we will immediately cease providing the Services; and
        • You are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under this Agreement.
      • Termination of these Terms will not affect any rights or liabilities that a party has accrued under it.
    • Collection Notice
      • We collect personal information about you in order to provide you with your ordered courses and Subscriptions, to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
      • We may disclose that information to third party service providers who help us deliver our courses (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our courses to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
      • Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
      • By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
    • General
      • Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
      • GST: If and when applicable, GST payable on the Service Fee will be set out in our Site or Invoice. You agree to pay the GST amount at the same time as you pay the Service Fee.
      • Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account/submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of email.
      • Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
      • Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
      • Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
      • Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
      • Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to requesting the Services, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any provision of Services that has been accepted by you (and not rejected by us), the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you requested the Services.
      • Governing law: Subject to applicable laws, these Terms are governed by the laws of New South Wales, Australia. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.

 

For any questions and notices, please contact us at:
Rosly Pty Ltd ABN 18 625 477 456
mail: julie@juliefletcherbusinesscollective.com
Last update: 22 July 2019
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