FAIRIEN AZEEM - BUSINESS STRATEGY COACHING SESSION - TERMS AND CONDITIONS
Welcome to the Fairien Azeem - Business Strategy Coaching Session! We are delighted to have you here with us; we can’t wait to help you achieve your financial goals and help you feel empowered when you deal with your budget and personal finances.
Fairien Azeem and the Business Strategy Coaching Session platform and other services are operated and provided by Financially Savvy Pty Ltd ABN 11 627 279 243 or its successors and assignees (Financially Savvy Academy, we, our or us).
In these terms and conditions, the word “Platform” refers to our online platform regardless of how you access it (through the Kajabi App or otherwise). “Services” includes our Platform and the additional services we provide. Here at the Fairien Azeem - Business Strategy Coaching Session, our aim is to help you control and manage your finances and improve your financial literacy by providing:
- online education;
- finances coaching
- a caring online community where you can ask questions and share your hard-won tips and tricks; and
- a range of events, including masterclasses, workshops and retreats, so you can hear from and be inspired from others.
Please note that neither Fairien Azeem, the Business Strategy Coaching Session nor the Platform, or the content contained on the Platform are intended to provide personalised legal, tax or financial advice. The Fairien Azeem - Business Strategy Coaching Session is not a financial planner, broker or tax advisor. The Platform and content on the Platform is intended only to assist you in improving your financial literacy and education and is general information only. It has not been adapted to your personal circumstances; your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any financial decision or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who can provide you with personalised advice.
Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.
- We collect personal information about you so we can provide you with our Services and so you can access our Platform. Providing us with your personal information means you can join our Facebook community, access our informative videos, and it also means we can contact you with updates and our newsletters and respond to any of your enquiries, for example.
- We may disclose the information you provide us to third party service providers who help us provide our services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators and our business partners, or as required by law.
Registration and Profiles
- You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features and services on or available through the Platform, which may include without limitation membership of our community, events, online education, live Facebook Q&A sessions, discounts, webinars and access to reports (Benefits).
- You must provide basic information when registering for an Account including name, email address, and location and you may choose a username (this may be your email address) and password. If you choose a username, the username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
- You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
- Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.
- At our sole discretion, we may refuse to allow any person to register or create an Account.
- As part of the Services, you may be provided access to forums hosted on Facebook.
- We ask you to limit your discussions to topics which are relevant to our Services. We may, in our sole discretion and from time to time, appoint moderators of our forums to ensure that all voices are heard and no inappropriate thread or topic is discussed on the forum.
- We reserve the right to remove any posts by Users which we, in our sole discretion, deem to be inappropriate.
- Users acknowledge and agree that they are not permitted to post posts which contain foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks.
- Each User acknowledges and agrees that while the Services may allow Users to communicate with each other, Users are not permitted to share the contact information of other Users.
Fees and Payments
(a) To become a Fairien Azeem -Business Strategy Coaching Session student, you must create an Account and pay the amount due per product.
(b) You may pay our Business Strategy Coaching Session fees (Coaching Fees) as a lump sum payment, or in a payment plan of monthly payments.
(c) The Cancellation Fee is a debt due and payable to us, and we may engage debt collection services and/or commence legal proceedings in relation to any such amounts.
(d) We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor; please review these terms and conditions before using your selected payment method.
(k) To the extent permitted by law, our Course Fee is non-cancellable and non-refundable.
Licence to use our Platform
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; anything which would intimidate others or make unpleasant participation in our forum, or anything which might bring us or our Platform or Services into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading or sharing on the forum private or personal information without an individual's consent) or any other legal rights;
- using our Platform or forum to defame, harass, threaten, menace or offend any person;
- using obscene or foul language on the forum;
- posting a link(s) to any inappropriate, offensive or illegal material on the forum;
- using emojis to convey any meaning that is defamatory, harassing, threatening, discriminatory or offensive;
- posting anything on the forum that could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age;
- interfering with any user using our Platform, including on the forum;
- using our Platform or forum to advertise your own business;
- tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
- anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
- using our Platform to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
Notice regarding Apple
(a) To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
(b) Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
(c) If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
(d) Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:
(1) product liability claims;
(2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
(3) claims arising under consumer protection or similar legislation.
(e) Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
(f) You agree to comply with any applicable third-party terms when using our mobile application.
(g) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
(h) You hereby represent and warrant that:
(1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Warranties, disclaimers and indemnity
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, or our Services including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free and free from viruses; and
(c) our Platform will be secure.
If you use our Services to generate a tax return, or any other taxation document, you acknowledge and agree that the accuracy of these documents is based solely on the information and documents you input. We are not responsible or liable for any tax return, taxation ruling, or any other taxation matter concerning you, based on a tax return generated by our Services. You must seek appropriate financial and taxation advice before making any decision or taking any action in relation to your tax return, and our generated tax return is not a replacement for any such professional advice.
You read, use, and act on our Platform and the Content at your own risk. Financially Savvy disclaims any warranties of fitness for a particular purpose.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(1) event or circumstance beyond our reasonable control;
(2) acts or omissions of you or your personnel;
(3) any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
(4) use of the Platform and/or Content;
(5) interaction you have with other users whether in person or online;
(6) any injury or loss to any person;
(7) Content which is incorrect, incomplete or out-of-date; or
(8) breach of these Terms or any law.
(d) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
(e) This clause will survive the termination or expiry of these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination and Cancellation
(a) These Terms will continue to apply until terminated by either you or us, as set out below.
(b) The Cancellation Fee is equal to 80% of the Course Fees still to be paid for the remainder of the Minimum Term.
(c) You acknowledge and agree that the payment of the Cancellation Fee is in accordance with these Terms and does not constitute a penalty, is a genuine pre-estimate of the losses suffered or incurred by us as a consequence of the early termination of these Terms, and is in addition and without limitation to any of our other rights or entitlements.
(d) These Terms will terminate upon written notice by:
(1) either party, if mutually agreed between the parties;
(2) us, if you breach these Terms and that breach has not been remedied within five working days of being notified by us;
(3) you, if we breach a material term of these Terms and the breach has not been remedied within 15 days of being notified by you.
(e) We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
(f) At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights and (ii) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.
We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. If the Terms are varied during the Minimum Term, then the new Terms will only apply following the expiry of the Minimum Term and you have the option to discontinue using our Platform after the expiry of the Minimum Term by providing the required notice.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Platform and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.
For any questions and notices, please contact us at:
Financially Savvy Pty Ltd ABN 11 627 279 243
Email: [email protected]
Last update: 12 November 2018
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