Career Accelerator Terms and Conditions
Thank you for choosing to work with Sarah Makris!
These Terms and Conditions govern the relationship between the Parties.
By clicking “accept” You agree to these Terms and Conditions.
You are the Client, and Your details are set out on the Payment Page of the website.
Sarah Makris (ABN: 31 208 501 481) t/a Sarah Makris Communications of 100 Walpole Street, Kew VIC 3101 (the 'Provider').
Sarah Makris offers a unique course where participants explore their career and leadership goals through virtual mentoring and workshops, over an 12-week period, titled the Career Accelerator (the Services). You have engaged the Provider to provide the Services.
These Terms and Conditions are read in conjunction with the information on the Payment Page and Course Information Page of the website (‘Information Page’). The Information Page can be found at https://sarah-makris-communications.mykajabi.com/influence-accelerator.
- The Engagement
- The Provider agrees to perform the Services for You, for the Fees, as set out in the Payment Page and Information Pages of the website.
- The Provider agrees to commence the Services upon acceptance these Terms and Conditions, and upon payment of the required fees by You.
- The Provider will only provide You with a refund of the Services Fee in the event they are unable to continue to provide the Services (the 'Refund').
- You warrant that if you are under the age of 18 years you have obtained the approval of a parent or guardian before purchasing from Sarah Makris.
- Purchase of Services
- In purchasing the Services through the Website, You will agree to the payment of the Fee listed on the Payment Page (the 'Fee').
- You are able to select from 2 payment options to pay the Fee. These are outlined on the Information Page as payment in full or payment through a payment plan.
- Payment of the Fee may be made through the available payment provider/s (the 'Payment Gateway Providers')
- You acknowledge and agree that where a request for the payment of the Fee 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 Fee.
- You acknowledge and agree that Sarah Makris reserves the right to revoke your access to the Services if you default on any due payments under a payment plan, or if the Fee are unpaid by you for any other reason.
- Following payment of the Fee being confirmed by Sarah Makris, you will be issued with a receipt to confirm that the payment has been received and Sarah Makris may record Your purchase details for future use.
- Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
4. Cancellations, Termination and Refunds
- You must notify the Provider of an intention to cancel the Service as soon as practicable through e-mail to [email protected] abide by the following (‘Cancellation Policy’).
- All Services are non-refundable. If You have purchased a Service and wish to terminate Your involvement early, the Fee is non-refundable.
- The Provider may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
- For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the program early, Sarah Makris reserves the right to immediately collect all outstanding Fees without notice by charging your original payment method, and your access to the Services will be revoked.
- If you are unable to attend a group session, you will be provided with a recording of the session but the session Fee is non-refundable.
- Delivery of Course and License Information
- Each purchase of the Services grants to you access to the Career Accelerator Course (‘the Course’) through the Membership Portal (the ‘Membership Portal’).
- When you purchase a Course through the Website, Sarah Makris 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’).
- The Licence is valid for 12 months (‘Licence Term’). This means the Course will be viewable via the download link for 12 months. After this time the Course will expire and you will no longer be able to access the Course.
- The Courses are 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.
- Copyright and Intellectual Property Rights
- You recognize and acknowledge that all Intellectual Property (including but not limited to documentation, creative works, Course content and processes) are the property of the Provider and You will take all such steps as practicable to ensure that the Intellectual Property will vest in and remain vested in the Provider
- You hereby indemnify and agrees to keep indemnified the Provider against all liability, losses or expenses incurred by the Provider in relation to or in any way directly or indirectly connected with any breach of intellectual property rights by You or your agents.
- There is no assignment of Intellectual Property Rights by the Provider to You pursuant to this Agreement.
- Nothing in this Agreement affects the Moral Rights in any works, items, materials or information supplied pursuant to this Agreement.
The Provider’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
8. Warranty Period for the Services
8.1. The Provider will use its best efforts and take all reasonable steps to help You achieve the desired results. However, the Provider 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 the Provider, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
- You are solely responsible for creating and implementing Your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and Your group and individual sessions and interactions with Sarah Makris. As such, You agree that Sarah Makris 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 Sarah Makris.
- 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 program.
10. Disclosure and Use of Confidential Information
- All obligations of confidence set out in this Agreement continue in full force and effect after completion of services.
- The Provider must not disclose any Confidential Information to any third party without Your prior consent.
- This Agreement prohibits the disclosure of Confidential Information by the Provider 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 this Agreement has 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 the Provider.
11. 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.
- Governing Law & Jurisdiction
- This Agreement is governed by the laws of Victoria, Australia.
- In the event of any dispute arising out of or in relation to the Services, the Provider agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.
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.
You agree that any testimonials that may be provided by you from time to time may be used by Sarah Makris for marketing purposes.
15. Entire Agreement and Modifications
Both You and the Provider confirm and acknowledge that these Terms & Conditions, the Information Page and the Payment Page of the website constitute the entire agreement between You and the Provider and shall supersede and override all previous communications, either oral or written, between the parties.