Promotable You

Purchase Terms and Conditions.

Thank you for choosing Promotable You.

These terms and conditions govern your purchase (Terms and Conditions)

By clicking “accept” and proceeding with your purchase, you agree to these Terms and Conditions.

  1.  Website and Course/s
    • The website promotableyou.com.au (Website) is operated by Promotable You Pty Ltd atf WE Trust t/a Promotable You (abn: 43 282 599 168) (Promotable You).
    • The Website provides you with an opportunity to browse and purchase group courses that are made available for purchase (Course/s).
    • You have agreed to purchase a Course through the Website.
    • These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and applicable Course information page (Information Page) of the Website.
  2.  Acceptance of the Terms and Conditions

You accept the Terms and Conditions by clicking to accept or agree and by proceeding with your purchase.

  1.  Personal Information
    • When purchasing a Course, you will be required to provide personal information such as your full name, password and e-mail address.
    • You agree that all details that you have provided in completing the purchase are true and correct.
    • Your personal information is kept in accordance with the Promotable You Privacy Policy (Privacy Policy) which can be accessed which is available on the Website.
  2.  Registration to purchase a Course
    • In order to access purchase a Course you may be required to register as a user of the Website. As part of the registration process you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
      • E-mail Address
      • Password
      • ABN/ACN
      • Address
    • You warrant that any information you give to Promotable You in the course of completing the registration process will always be accurate, correct and up to date.
    • Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by these Terms and Conditions.
    • You may not purchase a Course and may not accept the Terms and Conditions if:
      • you are not of legal age to form a binding contract with Promotable You; or
      • you are a person barred from receiving the Course/s under the laws of Australia or other countries including the country in which you are resident or from which you use the Course/s.
  1.  Purchase of Course/s
    • When purchasing a Course through the Website, you will agree to the payment of the purchase price listed on the Website for the applicable Course (Purchase Price).
    • Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
    • In purchasing a Course, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
    • Following payment of the Purchase Price being confirmed by Promotable You, you will be issued with a receipt to confirm that the payment has been received and Promotable You may record your purchase details for future use.
    • You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
    • Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive Where the services are provided outside Australia, GST is inapplicable.
    • In the event that you are making payment under a payment plan, and any payment under the Terms and Conditions is not made in full on the due date, Promotable You is entitled to charge you interest at the rate of 5% per annum, calculated daily.
    • You agree that if you default on any payments due and payable under the Terms and Conditions, any costs incurred by Promotable You for steps taken to enforce payment terms will be recoverable and payable by you.
    • Course participation cannot be transferred or assigned to another person.
  2. Delivery of Course and Licence Information
    • Each Course purchase grants to you access to the Course through the member platform used by Promotable You from time to time (Member Portal).
    • Unless otherwise agreed in writing with Promotable You, When you purchase a Course through the Website, Promotable You grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
    • Promotable You consents to you using templates contained within the Course materials, with your team members. For the sake of clarity, this consent does not extend to you using the Course material to teach others the Course content, or for you to create similar Courses.
    • Unless otherwise stated on the Information Page for the relevant Course, the Licence is valid for the Course term outlined in the Course information page of the relevant Course (Licence Term). This means the Course will be viewable via the Member Portal for the Licence Term only. After this time the Course will expire and You will no longer be able to access the Course.
    • The Career Accelerator Course may provide access to the course resources and materials for as long as that version of the Course exists. If this occurs, when the Career Accelerator Course ceases to exist or is updated, You will no longer have access to any resources or materials.
    • Each Course is intended for single use only. This means sharing your Licence is not permitted (please don’t share log on details with anyone else). This includes the sharing of any supplemental Course materials, digital resources, and access to any other aspect of the Course.
  3. Cancellation and Course Refunds
    • You must notify Promotable You of an intention to cancel your involvement in a Course as soon as possible through e-mail to ask@promotableyou.com.au and abide by the following (Cancellation Policy).
    • The Courses are non-refundable. This means that if you wish to terminate a Course early, all unpaid amounts of the Fees are non-refundable. This is due to the nature of the Courses and the fact that you have access to the Course materials and Promotable You’s intellectual property from the commencement date. You acknowledge and agree that You are receiving considerable value upon registering for the Course/s that extends beyond group coaching sessions.  Where applicable, this means that if you wish to terminate a Course after the expiry of a 14-day money-back guarantee period has expired, all unpaid amounts of the Fees are payable and non-refundable.
    • For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Promotable You reserves the right to immediately collect all outstanding amounts of the Fees without notice by charging your method of payment, and your access to the Course will be revoked.
  4. Group Course
    • As a participant in a group Course (Participant), you expressly agree that you will not, through any means:
  • harm, harass, hassle or abuse other Participants; or
  • send un-welcomed communication such as spam to other Participants; or
  • act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
  • infringe the intellectual property or privacy rights of any Participant or any third-party.
    • Promotable You, at its discretion, reserves the right to remove, edit or alter any content created by you or in the Member Portal or any other platform utilised in the delivery of the Courses.
    • As a Participant, during your involvement in a Course, you agree and undertake to respect other participants and to hold any and all information shared by other participants as confidential and sensitive. Under no circumstances are you authorised or permitted to share information shared by another participant in any way without the prior written consent of the participant.
    • Promotable You retains the right to deny you access to the Courses at any time for breach of these Terms and Conditions.
    • You understand and acknowledge that Promotable You may record group coaching sessions, and these will be made available in the Member Portal for a fixed period. All recordings will expire for privacy reasons and once expired You will no longer have access to any recordings. 
    • Where Promotable You records group coaching sessions, You acknowledge and agree that Promotable You may repurpose snippets of content for its own purposes. Any confidential or sensitive information shared by a Participant in a group coaching session will be removed and will not be repurposed, and participants will be de-identified.
  1. Career Accelerator Course Guarantees
    • When you purchase the Career Accelerator Course, Promotable You guarantees to continue supporting you via the coaching sessions until you secure your next position. Once you secure this position, you warrant and undertake to notify Promotable You, at which time your access to the group coaching session will cease.
    • If applicable, when you purchase the Career Accelerator Course if you engage with and complete the first two modules and attend and actively participate in the group coaching calls within the first 14 days, if at the end of the first 14 days you are not satisfied that the Course is the right fit for you, you may request an early termination of the Career Accelerator Course, and subject to you satisfying these criteria, Promotable You will consent to an early termination and will provide a refund for monies paid to date
  2. Warranty
    • Promotable You will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Promotable You makes no warranty that the Course/s will meet your requirements or that all Participants will achieve the same results.
    • The Courses come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a Course, you are entitled to cancel your contract with Promotable You and are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
  3.  Disclaimer
    • You are solely responsible for creating and implementing Your own business, financial, marketing, decisions, choices, actions and results arising out of or resulting from the Course/s and Your group sessions and interactions with Promotable You. As such, You agree that Promotable You is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Courses provided by Promotable You.
    • You understand that the Course/s, and any information You receive through Your involvement in the Course/s, or through any materials and documents provided to You are not a substitute for professional, legal, business or financial advice. Promotable You recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Course/s. Promotable You will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.
  4.  Liability and waivers
    • Liability
  • Promotable You's total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you
  • You expressly understand and agree that Promotable You, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss
    • Waivers
    • A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
    • The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.
  1.  Disclosure and Use of Confidential Information
  • Confidential information means any information that is:
  • processes, methodologies, statements, formulae, trade secrets, information (and copies and extracts made of or from that information and data) that is not in the public domain; and
  • confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information (Confidential Information).
  • All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services.
  • Promotable You must not disclose any Confidential Information to any third party without your prior consent.
  • These Terms and Conditions prohibits the disclosure of Confidential Information by Promotable You with exception to the following circumstances:
  • the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and Conditions and you have consented to the disclosure of such information to the professional adviser;
  • the disclosure is required by applicable law or regulation; or
  • if the confidential information is already in the public domain at no fault of Promotable You.
  1.  Copyright and Intellectual Property Rights
  • You agree that any works, documentation, materials, Course content, creative works or information of whatever nature produced or developed by Promotable You in respect of the Course/s will remain the sole and complete property of Promotable You.
  • There is no assignment of intellectual property rights by Promotable You to you pursuant to these Terms and Conditions.
  • Nothing in these Terms and Conditions affects the moral rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.
  1.  Dispute Resolution & Mediation

If a dispute arises out of or relates to the terms of these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.

  1.  Force Majeure
    • If circumstances beyond Promotable You’s control prevent or hinder its provision of the Services, Promotable You is free from any obligation to provide the Services while those circumstances continue. Promotable You may elect to terminate these Terms and Conditions or keep these Terms and Conditions current until such circumstances have ceased.
    • Circumstances beyond Promotable You’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
    • For the sake of clarity, if in Promotable You’s reasonable opinion, the provision of the Services will be affected by a pandemic, Promotable You may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Promotable You will not be liable for any losses or damage due to a pandemic. If You choose to terminate an agreement due to a pandemic, the relevant cancellation or termination clause will apply.
  2.  Indemnification

You hereby indemnify and agree to keep indemnified Promotable You against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright.

  1.  Marketing

You agree that any testimonials that may be provided by you from time to time may be used by Promotable You for marketing purposes.

  1.  Governing Law & Jurisdiction

These Terms and Conditions are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to these Terms and Conditions, the parties agree that the exclusive venue for resolving any dispute will be in the courts of Queensland, Australia.

  1.  No partnership or agency

Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

  1.  Assignment

These Terms and Conditions may not be assigned without the consent of both parties.

  1.  Variation

These Terms and Conditions may not be changed or modified in any way except in writing.

  1.  Severance

Any provision of these Terms and Conditions, which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.

  1.  Entire Agreement

These Terms and Conditions constitute the entire agreement of the parties in respect of the matters dealt with in these Terms and Conditions and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in these Terms and Conditions.