Effective Date: 1 October 2021
This Website is owned and operated by Rachel Hawkins (ABN: 61 813 281 436) trading as Rachel Hawkins Co (collectively and individually referred to as ‘Rachel Hawkins Co’, ‘We’, ‘Our’, or ‘Us’).
These Terms are a legal agreement between You and Us, and by accessing Our Courses, You agree to be bound by these Terms.
By using this Website, accessing or purchasing any Courses, You warrant that:
You are over 18 years of age and have the legal capacity to enter into a binding contract;
have read and accepted these Terms; and
will comply with these Terms.
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date We post the revised version on this Website. It is Your responsibility to review these Terms prior to use and periodically throughout Your use of Our Website and services. If at any time You choose not to accept these Terms, You should not use this Website or access the Course.
By continuing to access this Website and the Course, You are deemed to accept any modifications or amendment of these Terms. You may also accept these terms where You click 'Agree' or 'Accept' or 'Buy' where such an option is made available to You during Your use of the Website. If you’re uncertain about the Terms or anything else on Our Website, please don’t hesitate to contact Us before completing any purchase.
COURSE ACCESS AND FEES
The Course is owned and provided by Us and these Terms set out how You are allowed to access and use Our Course.
You may apply to access the Course by completing the application form and paying the Course Fee on Our website www.rachelhawkins.co (‘Website’). You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate Your Course access if We suspect that such information is inaccurate or incomplete.
Your Course commences when Your application has been accepted by Us, or a date specified on Our Website and You pay the price as displayed on Our Website and in accordance with these Terms ('Course Fees').
We may review and approve or deny Your Course application at Our sole discretion.
Your Course continues until terminated in accordance with these Terms.
If You choose to pay in instalments, You must pay the initial payment on the date of purchase and the balance will be deducted automatically on a fortnightly basis, until the total Fees are paid in full. Where you choose to pay in instalments, You must inform Us immediately if Your payment details change. If payment is declined, We will automatically retry 3 times, every 5 days. If payment is declined, Your access to the Course will be suspended until payment has been updated and You must pay all monies due. If You choose to pay in installments via Paypal and your payment is declined, We will automatically retry 3 times, every 5 days. Then try again at the next rebill period. If Your payment is declined 5 times in a row, Your access to the Course will be suspended until payment has been updated and You must pay all monies due. Except as set out in the Refund Policy, You cannot cancel or avoid the monthly payments.
METHOD OF PAYMENT
You will pay Us the Course Fees in full upfront or by instalment payments as set out on Our Website:
by electronic funds to an account nominated by Us or by any other method nominated by Us; and
on the date that the Fees become due.
Where You elect to pay in instalments, You authorise Us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where You fail to make payment or payment is declined for any reason, You must provide a new eligible method of payment immediately or We may revoke Your access to the Course. You remain liable at all times for all outstanding payments including any costs incurred by Us trying to recoup the outstanding Course Fees such as debt collection agency costs, including any legal costs on any Course Fees that remain outstanding.
The Course Fees are non-refundable except as required by law or in Our sole discretion or as set out in these Terms. We do not provide refunds simply because Your situation has changed or You have changed Your mind.
We want You to be happy with Your purchase, and so We provide a 60 day money back guarantee if you fail to see results from the Course. In order to qualify, there is an expectation that You complete the entire Course within 60 days (this includes watching all lessons and completing all coursework in full) and implement all of the strategies taught in the Course. To qualify for a refund, You must within 60 days of purchase take the steps set out below:
Criteria for Course Refund Approval:
1. Email Us at firstname.lastname@example.org
2. Provide completed coursework to prove that You have actively participated in the Course
3. Provide a copy of your Instagram insights for the last 90 day period
4. Provide any other evidence to support the output of any course work and Your active participation as requested by Rachel Hawkins Co.
We will not provide a refund where You have failed to submit Your request within 60 days of purchase or failed to meet the above criteria. There are no refunds after 60 days of purchase and You will remain responsible for all Course Fees due regardless of whether You choose to complete the Course.
We will inform You within 14 days of receipt of Your request whether a refund is applicable and where We have determined that a refund is due, We will organise prompt payment via Our payment provider. If You used a credit card to purchase the Course, Your refund will be to that payment method.
If We determine in Our sole discretion, based on the material You have provided, that Your request for cancellation of the Course is valid, Your Course will cease and You must immediately cease using and destroy any materials provided to You in the Course.
COURSE ENTITLEMENTS, BENEFITS AND COMPLAINT PROCEDURES
During Your Course, We will provide You with certain Course Entitlements, in Our Sole discretion, that may include but are not limited to video or audio consultations.
You Consent to receive electronic communication including by email, SMS or announcement, including but not limited to communications for the Course or for marketing purposes.
You are granted access to this Course until such time as these Terms are terminated or the Course is taken down. If the Course is taken down, We will provide You with 30 days notice.
From time to time We may also provide You with certain benefits that may include products, programs, workshops or other courses, in Our sole discretion. We cannot guarantee the duration or location for which these Benefits will be available for.
If a Force Majeure event of any kind, including but not limited to government restrictions, requires that the consultation be cancelled, the consultation will take place either in a different allowable format for example via Zoom, or will be rescheduled.
The parties acknowledge and agree that the process set out below will apply to any complaints and both parties agree that they must not engage in any communications or behaviour with any third party (public or private), including but not limited to social media channels designed to be derogatory or negative of the other party.
We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please submit Your complaint through via email to email@example.com
Any complaint submitted in accordance with the provision set out immediately above must include the following information at a minimum:
the email address You used to apply for the Course;
details of Your concern or complaint;
details of what You would like Us to do to resolve the matter; and
copies of any relevant correspondence.
We will provide You with an acknowledgement of Your complaint within 3 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint.
Where a dispute cannot be resolved, You agree to submit to the non-exclusive jurisdiction of the courts of the State or Territory in Australia where We are located.
INTELLECTUAL PROPERTY RIGHTS AND TESTIMONIALS
We retain ownership of all Intellectual Property Rights (including Moral Rights) in the Course Materials.
To the extent required for participation in the Course, You are granted a non-exclusive, non-transferable, single use, limited licence to access and use the Course Materials for Your own personal use and:
it may only be used for the purposes set out in the Terms, as part of Your access to the Course;
You will not modify the Course Materials;
You will note copy the Course Materials or in any way cause the Course Materials to be copied or shared;
You may not assign or transfer Your membership of the Course to any other person without Our express written consent; and
You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties.
Except as otherwise provided, You acknowledge and agree that You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Course Materials in any manner whatsoever except as authorised by us.
In addition to any other legal rights and remedies, We reserve the right to remove access to the Course and Course Material without refund and to pursue all legal remedies if You infringe Our intellectual property rights.
Where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our websites, and other media (including social media channels) for the sole purpose of promoting Our Course.
For the purposes of these Terms, ‘Course Materials’ means all tools developed and/or utilised by Us in provision of the Course, including, without limitation, programs, course content, classes, workshops, digital products (including ebooks), webinars and videos.
We may terminate these Terms with immediate effect, by giving You written notice if:
You do not pay the Course Fees when due;
You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms;
You infringe Our intellectual property;
engaging in conduct injurious or potentially harmful to Our reputation;
disclosing Confidential Information without consent.
You fail to conform or abide by Our applicable rules, policies or procedures;
Your actions are contrary to Our interests; or
We consider that mutual trust and/or confidence no longer exists.
If We terminate Your Course, We may, but are not obliged to refund any prorated balance of the Course Fee already paid by You and access to the Course will be immediately terminated.
We will not disclose any information You provide except as set out in these Terms. It is a condition of participating in the Course that You agree to respect the privacy of other Course participants and Our confidential information. Accordingly, unless You have a Course participant’s prior written consent You will keep confidential at all times, any information shared by a Course participant. Additionally, You must not under any circumstances, share any details in the content of the Course as the content contains Our intellectual property including templates, workbooks, processes, forms and other information. You acknowledge and agree that You will not share the information provided to You as part of the Course with anyone other than Us or the Course participants.
However, these obligations of confidentiality do not apply to any disclosure that:
is for the purpose of performing the Terms or exercising a party’s right under the Terms.
is required by Applicable Law.
relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.
In addition to any other prohibitions, You must not, under any circumstances use the Website or its content:
for any unlawful purpose;
if You or Your business in any way competes with Our business;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, or state regulations, rules, laws, or local ordinances;
attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displaced on the Website;
hack into any aspect of the service; corrupt data; cause annoyance to other Users;
infringe upon the rights of any other person's proprietary rights;
send any unsolicited advertising or promotional material, commonly referred to as 'spam'; or
attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
DISCLAIMERS, WARRANTIES AND INDEMNITIES
You and We agree that:
The Website, Course and Course Material is provided on an ‘as is’ basis;
You use the Website and Course at Your own risk;
You are responsible for maintaining the security of Your account and access to the Website and Course including by maintaining the security of Your password and account log in details;
We cannot guarantee and We do not promise any specific results from participation in the Course.
We cannot provide any advice without considering Your personal circumstances before Your participation in the Course.
We are not responsible for any information that You have used from Our Website before the Course has commenced.
Any success You gain, will be dependent on Your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can We guarantee a particular result. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their personal background, dedication, drive and motivation to succeed as well as many other additional factors. You acknowledge and agree that when You purchase any program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on Our Website or via any content We communicate with You (including any newsletter, social media or other advertising), are merely examples of what can be possible.
This Course may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account Your specific needs or circumstances.
The information contained on the Site is not a substitute for obtaining advice specific to Your circumstances from a qualified professional. We do not accept responsibility for determining whether Our products and/or services are appropriate for you. It is for educational and informational use. We reserve the right to deny service and refund the cost of that product and/or service for any reason including where We believe that further professional advice should be sought.
We and Our directors, agents or associates shall not be responsible or liable for any loss or damage resulting from Your Course, except as expressly permitted by law and as set out in these Terms.
You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these Terms.
Without limiting this clause, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:
the use or inability to use the Course;
Your failure to maintain the security of Your account;
statements or conduct of any third party; or
Your reliance on the recommendations and suggestions of any third party or Course participant.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
These Terms will become binding when You agree to these Terms, including by clicking 'I consent' or 'I agree' or similar, or by purchasing and/ or commencing the Course.
Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
You cannot assign these Terms or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under it without Your consent.
These Terms constitutes Our entire agreement with You about the subject matter and supersedes all previous agreements, understanding and negotiations on that subject matter.
GOVERNING LAW AND JURISDICTION
The formation, construction, performance and enforcement of these Terms will be in accordance with the laws in force in the State or Territory in Australia in which We are located. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
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