Customer Terms And Conditions
Acceptance
Please read these Terms and Conditions thoroughly before accessing or using the information and Services available through the Website. The Services are offered to You conditional upon Your acceptance of these Terms and Conditions.If You access this Website from outside Australia, You are also responsible for ensuring compliance with all applicable laws in the place where You are located.
Amendments
We may amend these Terms and Conditions by providing You with reasonable notice.
Term of Services
We agree to provide the Services to You in accordance with these Terms and Conditions.
From the commencement of the Initial Term, You will receive:
An initial call with a Level Up mentor to discuss Your goals and key metrics;
Access to the Level Up Member weekly group calls;
Support via The Level Up Collective Member community, Facebook messenger and email. We ask that You make this Your first point of contact. This allows You to learn from those that have taken action already and for others to learn from You;
Access to the Level Up Business Mastery Members Platform containing the tools, techniques, systems and materials;
Access to book in and attend reactive one on one coaching sessions. The frequency, date and time of these sessions are to be agreed by You and Us. These sessions are approximately 15-30 minutes in length.
Health & Wellbeing
You understand that the Services You will take part in does not confer, constitute or provide any psychological, therapeutic, medical or legal advice.
You agree that if You engage in any Services or activity, You do so freely and of Your own volition and risk.
If You experience any physical, emotional or psychological pain or discomfort during the Services provided, You will immediately inform the Coaches and cease performing any of the exercises.
You further understand that coaching should not be construed as a substitute for medical and psychological examination, diagnosis, or treatment and in no way constitutes or should be construed as such.
You will take responsibility for seeking the prior authorization of Your own medical practitioner/s prior to registering to attend any Services where You know/suspect that the condition of Your mental health requires such guidance/approval before you attend.
You understand that the Coaches are not qualified to perform, diagnose, prescribe, or treat any physical or mental illness and that nothing said in the course of the Services should be construed as such.
You agree to advise the Coaches of your medical profile prior to commencement of the Services, in writing. You acknowledge that there shall be no liability on the Coaches of the Services or Clear Edge Coaching Pty Ltd.
You further acknowledge that a possible consequence of the services is that one or a number of previously hereto unknown medical or psychological conditions might arise or be uncovered and hereby indemnify the Coaches and Clear Edge Coaching Pty Ltd in the event of such occurrences.
You further indemnify the Coaches and Clear Edge Coaching Pty Ltd from any costs or injuries arising from or as a consequence of the Services.
You also understand that the Coaches and Clear Edge Coaching Pty Ltd reserve the right to refuse entry or cease to provide services to anyone whom they deem to have a condition for which the Services are unsuitable for, at any point prior or during the provision of the Services, without having to give any prior or extended notice.
Intellectual Property of Services
We have and retain ownership (including all Intellectual Property Rights) of all information contained on the Website, in the Services and other documents prepared and provided to You.
This includes but is not limited to all presentations, outlines, coaching programs, coaching exercises, instructions and information contained in emails. If You want to copy, adapt, distribute, re-use, store or display any information We give to You, You can only do so with Our written permission.
Intellectual Property of Third Party Material
We make no warranties or representations that third party material on this Website, does not infringe the Intellectual Property Rights of any person anywhere in the world. We are not, and must not be taken to be, authorising infringement of any Intellectual Property Rights contained in material published on the Website.
Information
The information provided on this Website by Us and third-party suppliers are intended to assist in You in Your business. You acknowledge and agree that the information published is only intended to provide general information in summary form.
Neither Clear Edge Coaching Pty Ltd nor third-party suppliers can guarantee the suitability of the Services, or provide legal advice, financial advice, medical advice, counselling or therapy. We strongly recommend that You seek this advice independently from a suitably qualified professional.
It is Your sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, Services, and other information provided through the Website.
Use of Services
Our Services are impacted by the time You dedicate to Our Services. You understand that results are not guaranteed and are directly impacted by Your ability to integrate and apply the techniques into your life.
You may use Our Services and other documents in relation to the work for which they were prepared. We do not take responsibility for the re-use or reproduction of Our Services, documents or techniques.
Confidential Information
We will keep confidential all confidential information received from You during the supply of the Services, which includes Your trade secrets, business prospects, business and marketing plans, clients, pricing, intellectual property, personal contact information and the substance of the Services provided. However, We may disclose confidential information to Our necessary employees, to obtain professional advice (such as legal or financial advice), to the extent required by law or with Your prior written consent.
You understand that We have other Members in the same or similar industries and sectors to Your own. Except for information only confidential to You, knowledge of industry or sector conditions, practices, participants or pricing form part of Our knowledge and experience and is not confidential information.
Marketing, Promotions and Training
You acknowledge and agree that We may record videos, sound recordings, photographs or other content in performance of the Services or relating to the Services. By engaging Our Services, You hereby consent to such videos, sound recordings, photographs or other content being taken. We will have and retain ownership of all videos, sound recordings, photographs or other content, including any Intellectual Property rights subsisting in them. We may use such videos, sound recordings, photographs or other content taken, as well as any posts made by You on The Collective Facebook group, for marketing, promotional or training purposes whether on our Website, Media or by other means.
Fees
You agree to pay Us all Fees.
The Fees payable by You are the Fees displayed at checkout on the Website immediately prior to agreeing to these Terms and Conditions and purchasing the Services.
You understand and agree that We may change the Fees by providing you with 30 days written notice. In the event that We change the Fees in accordance with this clause, You may cancel the Services by providing written notice to Us within 7 days of Our notification, stating the reason for your cancellation and sending it to Us at [email protected]
Method of Payment
All amounts payable under these Terms and Conditions are payable by credit card, debit card, or direct debit from a nominated bank account, unless otherwise agreed in writing by Us.
Frequency of Payment
You may pay any sums payable under these Terms and Conditions by selecting one of the following options at checkout on the Website:
Direct debit;
A lump sum payment of all Fees for the Initial Term;
A deposit of the amount specified at checkout, with the remainder paid via direct debit.
Direct debit payments are handled by Stripe. Please review and familiarise Yourself with their terms and conditions.
Where one payment has been made by You through the available payment provider, You authorise and allow Clear Edge Coaching Pty Ltd to retain Your payment details and to take payment of any future payments under these Terms and Conditions.
Cancellation within Initial Term
We may cancel the Services immediately by providing You with written notice where any payment due by You to Us is not paid in full or by the due date or where You are in material breach of these Terms and Conditions.
We may cancel the Services at any time during the Initial Term, by providing You with 30 days written notice in all other circumstances.
You may cancel the Services at any time during the Initial Term, by providing Us with 30 days written notice to [email protected]. Once notice is given a pro rata will be calculated as per the date of contract termination. The pro rata outlined is to cover the costs incurred for Your enrolment and Services provided. You will be charged as per the schedule below:
$500 administration fee
$3,000 for all course content provided (12 months access retained)
$1,000 per month in the program (end date is calculated as the final day of the 30 days notice)
$500 per event attended
The final payment can be made in full or with the current payment plan if You are paying in installments.
Your pay-out-value will be capped at your total course cost, so you will never pay more than you originally agreed to pay.
Membership Transfer Option: Instead of cancellation, You may transfer your membership to another suitable participant who is not already a current member or in the process of enrolling. All membership transfers must be requested in writing to [email protected] and approved by Us at our sole discretion. A one-time administration fee of $500 will apply to process each membership transfer. The new participant will assume responsibility for the remaining term and associated program fees. Transferred memberships remain subject to these Terms and Conditions in full.
Referral Program
At Level Up we believe our best members come from our community, which is why we offer a referral program.
When You refer a new participant who becomes a Member:
For the Referred Participant: They will receive $500 off their total membership fees.
For the Referring Participant:
If you are a current client: $500 off your current membership fees per enrolled referral.
If you are not a current client: A once off $500 cash payment.
The referral benefit is paid only after the referred participant’s first payment has cleared.
Eligibility Criteria:
The new customer agrees to these Terms and Conditions and becomes a Member within the first 6 months of the introduction from You
The new customer has not previously been a Member
We do not have an existing relationship with the new customer
Cancellation after Initial Term
You may cancel the Services after the Initial Term by providing Us with 30 days written notice to [email protected].
We may cancel the Services at any time by providing You with 7 days written notice. However, notice will not be required where we terminate Our Services because of any payment due by You to Us is not paid by the due date or any other breach of these Terms and Conditions.
If Our Services are terminated for any reason outside of the Initial Term, You must pay Our Fees and other charges up until the end of the notice period to the fullest extent permitted by law.
You understand and agree that the charges in this clause 16 are reasonable to protect Our legitimate business interests.
Hold of Services
You may place the Services on hold for a maximum aggregate period of three (3) months in any calendar year by providing at least thirty (30) days’ written notice to [email protected] (Hold Period).
During the Hold Period, a hold fee of $25 per week will apply.
While the Services are on hold, you will not have access to the Platform (members portal), coaching calls, or live events. Once the Hold Period ends, or once you have used the maximum aggregate of three (3) months in a calendar year, your agreed membership fees and access to the Services will automatically resume.
Payment Default
If You default in payment by the due date of any amount payable to Us under these Terms and Conditions, We may, without prejudice to any other accrued or contingent rights.
Cease or suspend supply of any Services to You;
Suspend Your access to the Website;
Charge You interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4% from the period from the due date until the date of payment in full;
Charge You for, and You must indemnify Us from, all costs and expenses (including without limitation all legal costs and expenses on a full indemnity basis) incurred by Us resulting from the default or in taking action to enforce compliance with these Terms and Conditions;
Be liable or charged for any interest or fees by any third party payment providers (such as Stripe).
Refund
To the fullest extent permitted by law, the Fees are non-refundable. You are obliged to pay for the Services that We agree to provide You with, regardless of whether You terminate, utilise or fully utilise those Services.
Local events: deposits and payments are refundable up to 14 days before the event. Within 14 days, payments are non-refundable but may be transferred to another person.
International events (e.g. retreats and overseas trips): refunds are governed by the terms provided at the time of your initial payment. Because overseas events require booking and commitments well in advance, places lock in on the stated cut-off date, after which deposits and payments are non-refundable. You are welcome to transfer your place to another person. Where a trip does not proceed, your deposit is fully refundable.
GST
Words used in this clause which are not defined in these Terms and Conditions have the same meaning as in the GST Law.
Where a party to these Terms and Conditions (Supplier) makes a taxable supply under or in connection with these Terms and Conditions or in connection with any matter or thing occurring under these Terms and Conditions to another party to these Terms and Conditions (Recipient), and the consideration otherwise payable for the taxable supply is not stated as GST inclusive, the supplier will be entitled, in addition to any other consideration recoverable in respect of the taxable supply, to recover from the Recipient the amount of any GST payable on the taxable supply.
The Supplier must issue a tax invoice (or an adjustment note) for any supply for which the Supplier may recover GST from the Recipient, and must include in the tax invoice (or adjustment note) the particulars required by the GST Law for the Recipient to obtain an input tax credit for that GST.
If the amount paid by the Recipient to the supplier in respect of GST differs from the GST on the taxable supply (taking into account any adjustment events that occur in relation to the taxable supply), an adjustment shall be made. If the amount paid by the Recipient exceeds the GST on the taxable supply, the Supplier shall refund the excess to the Recipient. If the amount paid by the Recipient is less than the GST on the taxable supply, the Recipient shall pay the deficiency to the Supplier.
Where a party to these Terms and Conditions is entitled, under or in connection with these Terms and Conditions or in connection with any matter or thing occurring under these Terms and Conditions to recover all or a proportion of its costs or is entitled to be compensated for all or a proportion of its costs, the amount of the recovery or compensation shall be reduced by the amount of (or the same proportion of the amount of) any input tax credits available in respect of those costs.
Login Details
To become a registered user and use the Services on the Platform, You agree to provide Your name, contact telephone number, email address and postal address.
You are entirely responsible for maintaining the confidentiality of Your password and username. You must not provide or share Your password or username to any third party. You may change Your password at any time by following the instructions detailed on the Website. You may also change Your login through the Website.
You may delete Your registration by contacting Us directly.
You agree that We are authorised to retain Your login details.
Unless We obtain Your prior consent, We will not provide Your details to any third party except as identified in these Terms and Conditions or Terms of Use.
Use of Details
We will use Your email address to provide You with information relating to the Website and Services. The timing, frequency and content of this information can be altered by You in Your account settings or by Us at our discretion.
Email and Other Electronic Communication
We will use email and other forms of digital or electronic communication with You and third parties unless You instruct Us to the contrary and We agree to another method of communication with You.
Email and other digital or electronic communication may be interfered with, contain computer viruses or other defects, or may not be successfully replicated to other systems. To the extent permitted by law, We will not be liable for any copying, recording, reading or interference by others during, or after a transmission, for any delay or non-delivery, or for any damage caused in connection with the transmission. Please contact Us immediately if You have any doubts about the authenticity of any communications or material which appears to have been received by Us.
Your Obligations
You warrant and agree that:
You have the legal capacity and power to agree to be bound by these Terms and Conditions;
These Terms and Conditions are legally binding and You have had the opportunity to obtain legal advice prior to agreeing to them;
You will perform the obligations under these Terms and Conditions;
You will not use the Website for any illegal purpose;
You will implement the Level Up Business Mastery marketing strategy (that includes completing your Scorecard, applying the content outlines, lead systems and frameworks);
You will be prompt in implementing Our opinions and recommendations;
You will share Your lessons and wins with other Members;
You will record and send to Us Your sales calls if requested by Us;
You will attend a minimum of 4 calls per month (whether one on one or weekly group calls);
You will action all of the commitments, ideas and strategies You agree to during Your coaching session or in any other means of communication (whether in the Level Up Collective Facebook group, message, email or phone);
You will ask for help via the Level Up Collective Facebook group and/or the weekly group calls;
You will act respectfully towards Us and the Members. This includes but is not limited to listening to each other, not interrupting or engaging in behaviour which is degrading, bullying or harassing; and
You will dedicate sufficient time to the Services.
You may not assign or transfer any rights and obligations under these Terms and Conditions without Our written approval.
Breach
If You breach these Terms and Conditions, breach applicable laws, regulations, or third-party rights or We believe it is reasonably necessary to protect other Members, We may, without prior notice:
suspend or limit Your access to or use of the Website;
suspend or limit the Services;
suspend or remove content.
Nothing in this clause acts to limit the Terms of Use.
Limitation of Liability
You understand and agree that We:
Make no warranties or representations about the Website, the Services or any of the content;
Accept no responsibility for any loss suffered by You or anyone else in connection with the use of this Website, the Services or any of the content.
You (the “Indemnifying Party”) releases and indemnifies and will continue to release and indemnify Us (the “Indemnified Party”), its officers, employees, subcontractors and agents from and against all direct actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether in relation to these Terms and Conditions, Website or Services, whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal property, and whether direct or consequential, including consequential financial loss) and any howsoever arising as a direct result of the negligence, wilful misconduct or recklessness of the Indemnifying Party and from and against all direct damages, costs and expenses incurred by the Indemnified Party (on a full indemnity basis) in defending or settling any such claim, proceeding or demand.
The Indemnifying Party indemnifies and will continue to indemnify the Indemnified Party for all costs and expenses on a full indemnity basis, relating to the Indemnifying Party’s breach of these Terms and Conditions or the enforcement of these Terms and Conditions.
The indemnity under this clause survives the termination of these Terms and Conditions.
Warranty
We will use reasonable endeavours to ensure the Services are carried and completed by the requested timeframes, to acceptable standards and in compliance with these Terms and Conditions.
Whilst We will use Our reasonable endeavours, We will not be liable for any loss or damage You suffer or suffered by any third party for a failure of the Services to meet the requested time frame, be of acceptable standard or in compliance with these Terms and Conditions.
Inconsistency
Should there be an inconsistency between these Terms and Conditions and the Terms of Use, these Terms and Conditions shall first prevail, to the extent of the inconsistency only.
Force Majeure
We will not be liable for any failure to carry out Our obligations under these Terms and Conditions where such failure is due to any cause beyond Our reasonable control , including but not limited to an act of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy.
Severability
In the event that a Court of competent jurisdiction determines that any or any part of the terms contained in these Terms and Conditions are invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms to the extent of their invalidity, unlawfulness or unenforceability.
Relationship
These Terms and Conditions do not create a relationship of agency, partnership or joint venture between the parties.
Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws in Victoria, Australia and You irrevocably submit to the jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.
Definitions
Clear Edge Coaching Pty Ltd means Clear Edge Coaching Pty Ltd (ABN 62 649 891 001), including its directors, employees and agents.
Initial Term means the term of 12 months from the date of these Terms and Conditions.
The Collective means the community of people that are seeking growth and expansion in their personal or professional capacity in Level Up Business Mastery.
Intellectual Property Rights means statutory and other proprietary rights in respect of trade marks, patents, copyrights, confidential information, know-how and all other rights with respect of intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1976.
Fees means the fees charged and/or payable by You to Us for the Services.
GST Law has the same meaning as “GST Law” in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and also includes any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax.
Parties means the parties to these Terms and Conditions, their respective successors and permitted assigns, and Party means either one of them as the context permits.
Level Up means the materials or Members of Level Up which are seeking to build a systemised service model for businesses.
Media means media platforms We use, such as Facebook and other social media platforms.
Member means a person who has access to the Platform.
Platform means the training portal and materials accessed via a login on the Website (https://levelupformula.app.clientclub.net/).
Services means the service provided by Clear Edge Coaching Pty Ltd, including but not limited to all materials and information on the Platform.
Terms and Conditions means these Terms and Conditions as amended from time to time and displayed on the Website.
Terms of Use mean the Terms of Use displayed on the Website.
Us, We or Our refers to Clear Edge Coaching Pty Ltd.
Website means levelupbusinessmastery.com and the Platform and includes any subsidiary pages from those sites.
You and Your refers to You, the person accessing the Website and/or the Services.
If you have any questions or concerns regarding our Terms and Conditions please direct them to: [email protected]
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