TERMS AND CONDITIONS

These Terms and Conditions (Terms) govern the terms on which Sass Me Pty Limited ACN 624 416 717 trading as Chloe McCreedy (Chloe McCreedy, we, us) agrees to provide Services (as defined below) to you, and forms a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully and contact us if you have any questions before purchasing our Services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Chloe McCreedy’s Services are intended for people who can form legally binding contracts. If you do not qualify, please do not use our Services.

ACCEPTANCE OF TERMS

1. You agree to be bound by these Terms, which you acknowledge that you have read and understood when you:

a) provide us with instructions to commence with the Services; or

b) process or make payment of any amount for the Services; or

c) you give your acceptance either through signature or clickable agreement on sassme.com.au (Site).

2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on our Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us and immediately discontinue your use of the Services.

OUR SERVICES

1. Chloe McCreedy provides a number of coaching and mentoring programs either in a one-on-one environment or in groups (Services).

2. You may sign up to engage Chloe McCreedy to provide the Services either through the Site (by selecting which Services you require and following the prompts) or by providing communication to Chloe McCreedy of the Services you require.

3. Once you have accepted these Terms, and subject to receipt of payment of any required fees, Chloe McCreedy agrees to provide you with your selected Services for the Duration (as defined in clause 6). All orders are subject to availability. In the event of a pricing error we reserve the right to cancel your order.

4. Unless otherwise agreed between the parties in writing, the scope as well as inclusions of the Services will be as specified on the Site at the time you sign up for the Services. Chloe McCreedy may also arrange for an interview with you in order to walk you through any expectations and boundaries of the Services.

5. Those that sign up for group Services will not have access to one-on-one Services.

DURATION OF SERVICES

6. Unless otherwise agreed between the parties in writing, our Services we provide to you will start upon receipt of your first payment of the fees and will run for the duration as specified on the Site (Duration). We may also offer renewal terms and month-to-month terms depending on the Services you have signed up for. Please let us know within the last 30 days of the current term whether you wish to renew. We may choose at our discretion to renew or not.

GENERAL DISCLAIMER

7. All Chloe McCreedy Services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the Services, purports to offer legal, medical, tax or other professional advice.  Use caution and always seek professional advice before acting on any information that we provide.

8. Chloe McCreedy provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.

9. Nothing on the Site or any of Our Content or Services is a promise or guarantee of results or future earnings. Any information given is purely based on experience and is for illustrative purposes only. Information is not tailored specifically or to your business specifically.

10. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

11. You acknowledge and agree that Chloe McCreedy, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time. Just to be clear, you are solely responsible for any actions you do or do not take directly or indirectly in connection with the Services.

12. You acknowledge and agree that use of the Services is solely at your own risk. We provide our Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure Our Content and the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of Our Content and the Site for any purpose. Subject to the other terms of this clause and to the maximum extent permitted by any applicable laws, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms.

EARNINGS AND INCOME DISCLAIMER

13. Chloe McCreedy cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of or participation in our Services.

14. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our Services are illustrative of concepts only and should not be considered as promises for actual or future performance.

SESSIONS

15. Each session provided for in the Services will take place at the time as agreed between the parties and last for the time as specified on the Site (or as agreed).

16. You will be able to schedule your sessions and decide what time you would like to book sessions, subject to availability.

17. If you show up late to a session but within 15 minutes of the commencement of the session, Chloe McCreedy will be available until the allocated session time ends. Although the session may be shorter, this will be deemed a full session.

18. If you are more than 15 minutes late to a session, Chloe McCreedy will only be available during the first 15 minutes of the commencement of the session following which Chloe McCreedy will no longer be available and will be deemed to have provided you with a full session. In this case the session will effectively be forfeited by you and no refund or replacement session will be provided.

19. Sessions must be booked within the Duration. Any sessions left by the end of the Duration will be forfeited.

20. Our cancellation policy allows changes to be made to sessions provided that you have notified us at least 24 hours before the session. You are permitted a maximum of 3 changes during each 6 months of the Services.

21. You are also permitted one emergency reschedule of a session. This means that you can cancel only one session within 24 hours and still reschedule the session.

22. All changes to sessions are subject to our approval and subject to availability.

23. If you fail to attend a session, including where you have attempted to rearrange a session, or you have cancelled a session within less than 24 hours’ notice, without our approval, that session will be forfeited.

24. Chloe McCreedy reserves the right to reschedule sessions where necessary. Although we will make every effort to accommodate you at your preferred time, please note this may not be possible. We will attempt to provide you with advance notice should your session need to be rescheduled.

GROUPS

25. Services provided in a group environment include access to Facebook groups, other online or in person forums/groups (Chloe McCreedy Community).

26. Our Site and the Chloe McCreedy Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.

27. Whilst using this Site and/or our Chloe McCreedy Community, we ask that you do not:

a) contact anyone who has asked not to be contacted;

b) collect personal data about other users for commercial or unlawful purposes;

c) attempt to sell products to anyone;

d) infringe other user’s privacy rights;

e) violate the intellectual property of others;

f) misbehave or conduct yourself in a “trolling” manner;

g) post anything that:

  1. is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable;
  2. harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  3. includes personal or identifying information about another person without that person’s consent;
  4. constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us;
  5. impersonates any person or entity;
  6. is about companies without authorisation to do so;
  7. is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by us); or
  8. contains software viruses, worms or any other harmful code; or

h) use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.

Please see our Chloe McCreedy Community Guidelines in the appendix to these Terms for more information.

28. By posting or otherwise publishing content on our Site or the Chloe McCreedy Community (Your Content), you:

a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

b) warrant that you have the right to grant the above licences;

c) warrant that Your Content does not breach these Terms; and

d) consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

29. We reserve the right (but have no obligation) to:

review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

YOUR OBLIGATIONS

30. During the provision of the Services you must:

a) attend all coaching calls and sessions on time and refrain from multi-tasking during calls and session. You should give your full attention to the Services during this time;

b) be prepared to work and enjoy the benefits;

c) be respectful to Chloe McCreedy and other Participants;

d) keep Chloe McCreedy informed of any medical health or personal circumstances that may interfere with the Services;

e) be complete, authentic, honest, and speak up for what you want. This includes when providing answers to any questions Chloe McCreedy asks.;

f) be responsible for your own results, which includes proactively asking for support, scheduling coaching calls and using your program benefits; and

g) honour the relationship between you and us, by being direct, truthful and open so we can work together.

SASS ME COMMITMENT

31. During the provision of the Services, Chloe McCreedy endeavours to:

a) believe in you and your ability to achieve your vision of success;

b) share in-depth information and knowledge with you so you can move forward with your goals;

c) allow you to be 100% authentic and fully you;

d) hold you accountable to act from your highest self, even when you may not feel that way;

e) hold high standards for you and for Chloe McCreedy (handling any situation that crosses the line, helping you to resolve and move beyond anything you are putting up with that is not in alignment with your brilliance);

f) be kind and patient with your progress so that you know you always have a safe place to express where you are;

g) share creative action steps, ideas and inspiration without the need to have you “like” them;

h) coach you to find solutions to challenges that may come up;

i) coach you to your highest self and to achieve your highest potential; and

j) care deeply about you and your success.

CONFIDENTIALITY

32. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Services, you agree to respect the same rights of the other Chloe McCreedy Services participants (Participants) and representatives of Chloe McCreedy.

33. You agree:

a) that any Confidential Information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;

b) not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions;

c) that all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us;

d) that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

34. While you are free to discuss your personal results from our Services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

COPYRIGHT AND TRADE MARK NOTICES

35. All material on this Site, in our Chloe McCreedy Community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

36. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

37. The Sass me intellectual property may not be used in connection with any product or service that does not belong to Chloe McCreedy, in any manner that is likely to cause confusion with customers, or in any manner that disparages Chloe McCreedy.

38. Nothing contained on this Site or in our Chloe McCreedy Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

39. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Chloe McCreedy will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

RIGHT TO SUSPEND, TERMINATE AND REFUND

40. We reserve the right to suspend or terminate your use of the Site, the Chloe McCreedy Community or our Services generally, if you breach any of these Terms, as determined by us in our sole discretion.

41. If you cancel the Services before expiry of the Duration, you must pay us a cancellation fee equal to the sum of all fees that would have been due to us for the remainder of the Duration. This cancellation fee becomes immediately due on the date you cancel.

42. To the extent permitted by law, irrespective of whether you are absent or withdraw from the Services prior to the expiry of the Duration, refunds are not provided for Services, including where you have been given access to Our Content or our Chloe McCreedy Community, whether accessed by you or not.

FINANCIAL TERMS

43. In consideration of us providing the Services to you, you agree to pay us the purchase price and any other fees for the Services for the Duration.

44. Unless otherwise agreed by the parties in writing, the purchase price and payment method for our Services will be as specified on the Site at the time that you place your order for the Services.

45. Invoices for any Service we provide are automatically generated and can be requested at any time by emailing us.

46. Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

a) you agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates;

b) if payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

47. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.

48. We reserve the right to suspend or terminate any Service, at our discretion, if payment is defaulted.

49. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

50. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.

51. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.

52. Failure to make payment by the payment date may lead to suspension of use of our Services.

53. From time to time, we may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.

54. All prices listed on the site are in Australian dollars. Please note that we may impose or deduct foreign currency processing costs on or from any payments or payouts made in currencies other than Australian dollars.

55. All fees are inclusive of GST (as that word is defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth))(unless otherwise indicated).

56. Payment of all fees must be made without set-off or counterclaim. All sums payable under these Terms shall become due immediately on termination of these Terms.

LIABILITY IS LIMITED

57. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under the Australian Consumer Law.

58. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of the Services, our Site, Chloe McCreedy Community or Our Content.

59. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon the Services, this Site, Chloe McCreedy Community or Our Content.

60. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

a) reliance on the completeness, accuracy, suitability or currency of information, Services irrespective of any verifying measures taken by us (including third party material and advertisements);

b) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

c) accessing websites or servers maintained by other organisations through links on our Site, Chloe McCreedy Community or Services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk;

d) the use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

YOUR INDEMNITY

61. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, Services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Chloe McCreedy Community or through use of our Services.

AFFILIATE DISCLOSURE

62. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Chloe McCreedy Community.

NO ASSIGNMENT

63. You cannot transfer or assign your Chloe McCreedy membership without Chloe McCreedy’s prior written consent.

64. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

DISPUTE RESOLUTION

65. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

66. In the case of claims against us, all notices are to be provided to us in writing.

67. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

68. Once a mediator is appointed, the parties agree that:

a) the costs of the mediator shall be borne equally between the disputing parties;

b) the chosen mediator shall determine the procedures for mediation; and

c) the chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

69. If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

70. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

71. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

72. This clause survives termination of these Terms.

APPLICABLE LAW

73. These Terms shall be construed in accordance with and governed by the laws of New South Wales. You consent to the non-exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.

YOUR FEEDBACK

74. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

75. If you have questions or comments regarding this Site, or Chloe McCreedy Services, please email us.

 

© Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2018). All rights reserved.

 

 

 

APPENDIX

COMMUNITY GUIDELINES

Business owners of all levels are welcome here. We have community members of all skill and experience levels, from college students to entrepreneurs to multi-million dollar enterprises.

We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.

  • Business owners of all levels are welcome here.
    We have members of all skill and experience levels, from college students to entrepreneurs to multi-million dollar enterprises.
  • Keep it respectful
    Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
  • No pitching to the group
    We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
  • No gated content
    Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
  • Respect confidentiality
    Content gathered in our Chloe McCreedy Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
  • Keep it on topic
    We reserve the right to remove posts based on off-topic content or offensive content.
  • Partnering with other members
    Access to this group does not mean that Chloe McCreedy endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.
  • Report posts that are breaking group policies
    Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
  • Breaking the rules
    If you are deemed to be breaking the rules of the group, we reserve the right to remove you from the group that the offending behaviour has occurred within.

© Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2018). All rights reserved.