These terms and conditions (Terms) govern your membership to the Realise Business Academy product that you selected from the options described in Schedule 1.
By purchasing your Membership, you agree to be bound by these Terms which form a binding contractual agreement between you and us Realise Business Limited, trading as Realise Business ABN 78 779 264 661 (Realise Business, our, we or us).
We may change these Terms at any time by notifying you, and your continued use of your Membership following such an update will represent an agreement by you to be bound by the Terms as amended.
By entering into this agreement, you acknowledge that:
You must act in good faith in your dealings with each of the following:
You should not act on the basis of any information provided by your business coach. The information provided by your business coach is intended to serve only as a general overview on matters of interest and is not designed to provide personal advice. The information provided does not consider your particular objectives, financial situation or needs and is not intended to be comprehensive, or advice. Before acting on any information you have obtained from your business coach, you should consider the appropriateness of the information in light of your own objectives, financial situation and needs, and obtain professional financial, investment, tax, legal, accounting and other advice.
Objectives are to be agreed between you and your business coach.
You must pay membership fees monthly in advance.
Membership fees are stated in Australian dollars and are exclusive of GST.
You must pay any GST that applies to your membership at the same time and in the same way that you pay your membership fees.
Membership fees are not refundable and are not transferable for “change of mind” purchases.
We may allow you to pay for membership fees in various ways and impose additional terms and conditions on any particular payment method.
We may pass on certain third-party processing fees for processing your payments. We will notify you of any such fees in our invoices, or at the time of payment.
Membership fees will be direct debited monthly from your nominated credit / debit card. You must notify us of any changes to your billing details. You agree to and authorise us to charge / debit membership fees to / from your credit / debit card.
You will be in default of this agreement if you do not pay your membership fees in accordance with its terms.
If a payment you make to us is subject to charge back, reversal or cancellation, you are liable to pay the amount to us again, and to reimburse us for any fees we incur as a result. You will be in default of this agreement if you do not within 7 days of notice from us rectify the issue.
If you wish to cancel your membership, you must give us at least thirty (30) days’ written notice to cancel.
Cancellation fees equivalent to 50% of the monthly membership fees will apply in case you request to reschedule a session within 24 hours of that session.
In the situation that your business coach cancels a session, they will reschedule a new session with you at a convenient date to suit you.
By submitting the Realise Business Academy Application Form, you acknowledge that you have read and understood our privacy policy and agree and consent to the practices set out in that policy.
You consent to receiving electronic communications from us.
We will observe confidentiality when providing services to you. All information and data received from or about you will be treated in absolute confidence. Information and data received under this agreement shall only be disclosed to person(s) within our organisation only if such person(s) (i) have a need to know to support the service and (ii) are bound in writing to protect confidentiality of such information. Conversations between you and your business coach shall be treated as strictly confidential at all times.
No intellectual property rights are transferred to you from us under this agreement. We reserve all our intellectual property rights relating to all of our materials, methodologies, procedures, models or know-how disclosed or provided to you during your membership (“Materials”). For clarity, Materials include (but are not limited to) all forms, documents, agreements, templates, notes or materials produced by us or our personnel and authorised representatives in connection with this agreement. Materials are made available to you as a member and are subject to copyright and other rights owned by us or our licensors. All Materials are protected by copyright and other intellectual property laws.
You may only use the Materials for your own private non-commercial use. No part of the Materials should be copied, reproduced, modified, distributed, transmitted, or republished in any form or by any means without our prior written consent.
You agree to indemnify, keep indemnified and hold us harmless from and against any and all actions, claims, proceedings, losses, damages, costs and expenses (including legal fees and expenses on a solicitor/client basis) and other liabilities of whatever nature, whether foreseeable or not, and whether direct or indirect, incurred by us in respect of any claim arising in connection with your breach of this agreement.
To the maximum extent permitted by law, all conditions, warranties and guarantees expressed or implied by any legislation, the common law, equity, trade, usage or otherwise in relation to the supply of services under this agreement or otherwise in connection with this agreement, are expressly excluded.
To the maximum extent permitted by law, you agree that we have no liability to the you or any third party for indirect and consequential loss or damage of any kind, loss of revenue, loss of profits, failure to realise expected profits or savings and any other
commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement.
Certain provisions of the Competition and Consumer Act 2010 (Cth) and other statutes, rules and regulations in Australia may imply certain non-excludable warranties or conditions or mandate certain statutory guarantees. To the extent that they are not permitted to be excluded, our liability for breach of such conditions, warranties or guarantees and your sole and exclusive remedy in relation to such breaches shall be limited to:
These terms contain the entire agreement between the parties and supersede all previous negotiations or agreements in relation to the subject matter.
The laws of New South Wales, Australia apply to these terms and the parties submit to the exclusive jurisdiction to the courts of that state.
You must not assign or novate this agreement in whole or in part.
We may assign or novate this agreement in whole or in part in our sole discretion.
We reserve the right to amend this agreement at any time. You will be notified when this agreement has been amended or updated. If you do not accept the changes, then you may terminate this agreement in accordance with its terms.
Neither party is liable for any delay or failure to perform its obligations under this agreement to the extent that such failure is caused by a force majeure event.
Any delay or failure to enforce any rights in relation to a breach of the other party will not be construed as a waiver of those rights.
Nothing in these terms constitutes a partnership, joint venture or contract of employment.
If any part of these terms is held by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the legality, validity and enforceability of the other parts.
watch our free resource
Unlock the secrets to what's blocking revenue, with our free video training from CEO Jacqui Attard
