The Nitty Gritty
Thank you and YAY YOU for choosing to attend the service to progress your brand & marketing journey.
Please review the following terms and conditions, then sign the document. When we have received the document back, we will send you your information pack.
Get Traffic Ready (the “Company”) offers you participation in the service (the “service”) on these terms and conditions. By signing this document (“Agreement”) you are indicating your acceptance of these terms. This Agreement will commence upon the Company accepting your application, and continues until termination occurs in accordance with this Agreement. This Agreement can only be varied in writing by mutual Agreement between the Company and you.
We may vary these terms from time to time and if we do, we shall notify you by email of the change of terms.
Your experience in the service will depend upon your cooperation, contribution and level of participation. You acknowledge that you are undertaking an adult learning process and everyone has individual approaches to learning and participation. In the case of group service, all service participants agree to treat each other and representatives of the Company with respect.
You may receive access to a Facebook Group as part of your participation in a service. You agree that you will not upload content on the Facebook Page that is:
- defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;
- infringes the intellectual or other proprietary interests of third parties;
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the group or otherwise breaches or encourages other users to breach these Terms and Conditions;
- violates any law; or
- encourages or incites any other person to engage in any of the above behaviour.
You also agree that you will not:
- use technology or other means that is not authorised by the Company to access the website;
- use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the website;
- attempt to, or introduce viruses or any other computer code, files or programs that may
- interrupt, destroy or limit the functionality of the website or the Facebook Page;
- gain or attempt to gain unauthorised access to the website or Facebook Page including the networks or user accounts; or
- attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, Facebook Page, servers or networks.
This Agreement, and your involvement in the service is personal to you and you may not transfer your attendance to another Party without first obtaining the Company’s prior consent.
Your Financial Commitment
By signing this Agreement, you are agreeing to participate in a ‘Get Traffic Ready Pty Ltd’ service. Payment is to be made as per your signed agreement. It is your responsibility to ensure that the credit card details that you have provided the Company are correct and advise the Company of any changes. If you are direct depositing, it is your responsibility to set up that direct deposit on the agreed timeframe. You agree that there will be sufficient clear funds available in your nominated account on the scheduled instalment date.
Payments that are declined will be recharged with an additional processing fee of $10.00. If your payment is declined on the third attempt, the remaining service fees will become immediately due and the Company will invoice you for the full payment.
Any late payment of fees may incur a $150 late payment fee. The Company may also suspend your participation in future Kath Clarke events until all outstanding service fees are paid. You acknowledge that if it is necessary for the Company to engage professional services to recover any fees owed by you, that you will be liable for the costs incurred by the Company.
The agreement includes service materials however, you are responsible for all associated personal costs including telephone charges, transport, accommodation and catering, unless it forms a part of the service inclusions or otherwise agreed upon in writing by the Company.
The services are provided in accordance with, and you have the rights as provided by the Competition and Consumer Act 2010 (the Consumer Law). Under the Consumer Law we are not required to provide a refund for a change of mind. As a service provider, we provide the following guarantees under the Consumer Law:
- To provide the services with acceptable care and skill, with the appropriate knowledge;
- to take all necessary steps to avoid loss and damage;
- that the services are fit for the purpose described;
- to deliver the services within a reasonable time where there is no agreed date;
- that we satisfy any other guarantees we make.
If there is a minor failure in any of these guarantees we may choose to rectify the issue or provide you with a full or partial refund. If there is a major failure in any of these guarantees you are entitled to a refund.
Cancellations by the Participant must be received by email at least 60 business days before the service date. Failure to do so will result in the loss of any service fees paid.
Cancellations that are received by the Participant more than 60 business days before the service date will be refunded in full to the Participant.
If Kath Clarke cancels the service through no fault of the Participant, the Participant will be informed by email or phone and be offered a place on a future service. If the participant cannot make any services within a 12 month period, any monies paid by the Participant will be refunded in full within 7-10 days of notice.
The Company respects your privacy. We do not use third-party mailing lists and do not pass on client information to third parties. In the course of your participation in the service, confidential information including plans, ideas, and trade secrets will be shared by the Company and by you.
You agree that you will not disclose any information to any third party and that you will not use any confidential information obtained through your participation in the service for any purpose whatsoever.
Any online materials used in the service are held by the Company on secure third party servers and we have anti-virus software. However to the extent provided by law the Company does not warrant that the website or Facebook page will be uninterrupted or error free. Nor does the Company guarantee against third party interference or that the website or its content will be compatible with third party software or hardware.
You are responsible for keeping your username and passwords secure. The Company will not be liable for any unauthorized access to your account.
The Company retains the right to all intellectual property (whether registered or not) that is created by it and offered to you in the service. The content of the service is provided to you by way of this non-exclusive, non-transferable limited right. You agree to use the service content for your personal use only, this license excludes the right to disclose, sell or deal with our materials in any way other than in accordance with these terms and conditions. Similarly, you acknowledge that the intellectual property of all course participants vests solely in the owner and you will not use, disclose, or deal with another Participant’s intellectual property in any way.
The Company does not provide legal, tax, accounting or financial advice. We recommend that you seek such advice from an appropriate licensed professional You agree that, should company assign you a particular coach or instructor, such assignment may be changed if company, in its sole discretion, deems it necessary.
We may from time to time record the service being delivered during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
To the extent permitted at law our total liability under this Agreement is limited to the price paid by you for the service. Any forecasts or projections provided by the Company are based on our experience and the information available to us. The service objective is to provide you with knowledge and tools, we do not provide performance guarantees or specific results. It is your responsibility to implement the learnings that we teach and to follow up on leads that you create.
Neither the Company or you will be responsible for any breach of this Agreement that arises due to any act of God, war, terrorism, strike, lock-out, fire, flood, storm or other event beyond the party’s reasonable control.
You agree to indemnify the Company for all costs arising from any claims made against the Company arising from your breach of these terms and conditions. The costs do not have to have been incurred for this clause to take effect.
This Agreement terminates automatically upon your completion & the Company’s delivery of the 2.5 day service. The Company may terminate your right to participate in the service without forgiveness of any prepayments already made if you breach any clause of this Agreement.
Where the Company terminates this Agreement as a result of a breach by you, termination will result in not being able to access digital content or any further input from instructors. If for some reason, the Company is unable to provide the services to you you will be granted a refund for the services that have not been provided.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Delay is not a waiver
The failure of a party to this Agreement to exercise any rights or remedies under this Agreement shall not constitute a waiver of those rights or remedies.
If any provisions of this Agreement are held by a court to be invalid, the invalid clauses are to be deemed omitted to the extent of the invalidity and the remaining provisions of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of Victoria, Australia and the parties submit to the jurisdiction of the Victorian Courts.