Accounted For You

Power In Numbers Course Terms & Conditions

Thank you for choosing Accounted For You! These Terms and Conditions govern the relationship between the Parties. By clicking “accept” and/or submitting payment you agree to these Terms and Conditions.

These Terms and Conditions are read in conjunction with the information on the Booking Page (‘the Booking Page’) and Course Information Page of the website (‘Information Page’). The Information Page can accessed be via the website.

1. Parties

You are the Client, and your details are set out on the Booking/Payment Page of the Website.

AND – Caylu Pty Ltd (ACN: 644 673 254) t/a Accounted For You of PO Box 759 Oxenford Queensland 4210  (‘Accounted For You’ ).

Accounted For You offers the Power in Numbers Course (the ‘Course’) in a group setting, tailored to client needs and requirements, over a 4 week period, (‘the Services’). You have engaged Accounted For You to provide the Services.

2. The Engagement

2.1 Accounted For You agrees to perform the Services for You, for the Fee, Terms and on the Date/s as set out on the Information Page or agreed to in writing by the parties.

2.2 Accounted For You agrees to commence the Services on the Commencement Date, upon acceptance of these Terms and Conditions, and upon payment of the required Fee by You. 

2.3 The Commencement Date is outlined on the Information Page.

2.4 Accounted For You will work with you in a group setting to achieve your goals.

2.5 Both Parties agree that the Services will be provided online.

3. Registration of Account

3.1 The online course (‘Online Course’) is administered through Searchie (www.searchie.io). In order to purchase access to the online course offered by Accounted For You, you must create an account with Searchie. You will receive instruction on how to create an account with Searchie once successful payment is made through the link provided by Accounted For You on the Course information page.

3.2 In creating a Searchie account, 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 Searchie as linked, plus refer to their page for any updates and other information to consider.

4. Fee

4.1 You agree to pay Accounted For You the Fee as set out on the Information Page. 

4.2 The pricing for the Services is as follows:

a) Weekly payments of $99.00 per week (for a 9 week period); or

b) Up-front payment of $799.00.

4.3 The Fee payable to Accounted For You to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by Accounted For You.

4.4 You agree to make Payment of the Fee via the Website, by the due date of your respective payment plan option.

4.5 In the event that any payment under this Agreement is not made in full on the due date, Accounted For You is entitled to charge You interest at the rate of 5% per annum, calculated daily.

4.6 You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Accounted For You for steps taken to enforce payment terms will be recoverable and payable by You.

4.7 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. Where the services are provided outside Australia, GST is inapplicable.

5. Cancellations and termination

5.1 You must notify Accounted For You of an intention to cancel your involvement in the online course (‘the Course’) as soon as practicable through e-mail to hello@accountedforyou.com.au and abide by the following (‘Cancellation Policy’).

5.2 If you have purchased an Online Course and wish to terminate your involvement, You must provide written notice of your cancellation to Accounted For You within 7 days of commencement. Following 7 days from commencement, the full Course Fee is non-refundable.

5.3 For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the course after 7 days commencement, Accounted For You reserves the right to invoice you for all outstanding amounts of the Fee which will be due and payable immediately, and your access to the services will be revoked.

5.4 Accounted For You may change the Cancellation Policy at any time without notice with any bookings made in advance of the change will not be affected.

5.5 Accounted For You reserves the right to terminate Your involvement in the Services for breach of this Agreement with 7 days’ notice by e-mail.

5.6 If Accounted For You terminates the Services, You agree to pay Accounted For You for the portion of the Services completed up to the date and time of termination.

5.7 Subject to clause 5.2, Accounted For You will only provide You with a refund of the Fee in the event that Accounted For You is unable to continue to provide the Services (the ‘Refund‘).

6. Delivery and Licence Information for the Course

6.1 To participate in the Course offered through the Website, you must first become a Member by registering for an Account as per clause 3. Following purchase, the Course will appear in your Member dashboard.

6.2 When you purchase participation in the Course through the Website, Accounted For You grants you a limited, revocable, non-exclusive, non-sub licensable, 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 (the ‘Licence’).

6.3 You have unlimited access for the lifetime of the Course. If Accounted For You retires the Course you will no longer have access to it. Accounted For You will notify you prior to retiring the course so you can download any content you wish to retain.

6.4 The Course is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental course materials, booklets, and access to any other aspect of the Course. 

7. Group Coaching

7.1 As a participant in the Course (Participant), you expressly agree that you will not, through any means:

i. harm, harass, hassle or abuse other Particpants; or

ii. send un-welcomed communication such as spam to other Participants; or

iii. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or

iv. infringe the intellectual property or privacy rights of any Participant or any third-party.

7.2 Accounted For You, at its discretion, reserves the right to remove, edit or alter any content created by you or on the Facebook Group or any other community platform utlised in the delivery of services.

7.3 Accounted For You retains the right to deny you access to the Services at any time for breach of this agreement.

8. Warranty Period for the Services

8.1 Accounted For You will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Accounted For You makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.

8.2 The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled to cancel Your Service contract with Accounted For You, and are entitled to a refund for the unused portion, or to compensation for its reduced value. 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.

8.3 In using the Purchase Services, 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.

9. Disclaimer

9.1 You are solely responsible for creating and implementing Your own business, business, financial and accounting, decisions, choices, actions and results arising out of or resulting from the Services and Your group sessions and interactions with Accounted For You. As such, You agree that Accounted For 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 Services provided by Accounted For You.

9.2 You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Course.

10. Liability and waivers

10.1 Liability

The total liability of Accounted For You arising out of or in connection with the Services or this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2 Waivers

The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

11. Disclosure and Use of Confidential Information

11.1 All obligations of confidence set out in this Agreement continue in full force and effect after completion of services.

11.2 Accounted For You must not disclose any Confidential Information to any third party without your prior consent.

11.3 This Agreement prohibits the disclosure of Confidential Information by Accounted For You with exception to the following circumstances:

i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement has consented to the disclosure of such information to the professional adviser;

ii. the disclosure is required by applicable law or regulation; or

iii. if the confidential information is already in the public domain at no fault of Accounted For You.

12. Copyright and Intellectual Property Rights

12.1 Intellectual Property Rights

a) You agree that any works, items, materials or information of whatever nature produced or developed by Accounted For You or under the direction of Accounted For You pursuant to or in the course of providing the Services will remain the sole and complete property of Accounted For You, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).

b) If You have fully complied with this Agreement and if the works, items, materials or information referred to in clause 10.1(a) have been produced by Accounted For You as part of the Services, Accounted For You grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date..

c) There is no assignment of Intellectual Property Rights by Accounted For You to You pursuant to this Agreement.

d) Nothing in this Agreement affects the Moral Rights in any works, items, materials or information supplied pursuant to this Agreement

12.2 Indemnifications

You hereby indemnify and agree to keep indemnified Accounted For 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 in such literary and artistic works supplied as aforesaid.

13. Marketing

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

14. Mailing List

14.1 By choosing to purchase the Course, You are agreeing to be included on the Accounted For You Mailing List (the Mailing List). You may opt-out at any time.

14.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

a) email address

b) Name

14.3 If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Accounted For You.

15. No partnership or agency

Nothing contained or implied in this Agreement 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.

16. Governing Law & Jurisdiction

16.1 This agreement is governed by the laws of Queensland, Australia.

16.2 In the event of any dispute arising out of or in relation to the Services, Accounted For You agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Queensland Australia.

17. Severance

Any provision of this Agreement 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 this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

18. Entire Agreement and Modifications

Both You and Accounted For You confirm and acknowledge that this Agreement, the Course Payment Terms & Conditions, the Booking Page and Information Page of the website constitute the entire Agreement between You and Accounted For You and shall supersede and override all previous communications, either oral or written, between the parties.

All this fun stuff was prepared by the fab team at TM Solicitor.