Terms and Conditions

 

Updated 24 October 2022 

 

Welcome to www.jadestart.com

Operator: JadeStart Pty Ltd ABN 13 605 681 838 trading as JadeStart (“JadeStart”, “we”, “us”, “our”).

 

We provide business coaching and consulting services to our members with programs, coaching, courses, information, the ability to sign up to our products and/or services, access to Digital Products, as well as to join our mailing list and purchase our products and/or services (collectively referred to as “JadeStart Services”).  Please take the time to read the terms of use that are applicable to the use and enjoyment of this Site, our JadeStart Services and the free content made available to you via this Site and our social media channels (“Terms”).   These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”). 

 

These Terms govern your use of jadestart.com and our programs, courses, coaching, digital products and services (together, JadeStart Services). By using the Site or purchasing JadeStart Services you agree to these Terms and our Privacy Policy.

 

1. Eligibility & Consent

You warrant you are 18+ and have capacity to contract. 

 

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you.  These changes will be effective as of the date we post the revised version on this Site.  It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and the JadeStart Services.  If at any time you choose not to accept these Terms, you should not use this Site.

 

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms.  You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site.  If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase. 

 

2. Accounts

To place orders and access some features of the Site including the JadeStart Services, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old.

 

You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.

We reserve the right to suspend or cancel your account at any time, at our sole discretion, including if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation. 

 

3. Intellectual Property

Ownership of Intellectual Property

The Site and JadeStart Services contain intellectual property owned by us and/ or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”).  Your use of the Site, the JadeStart Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the products and/or services or the Content.

 

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site or the JadeStart Services, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms. All information delivered and obtained through coaching, replays, message chat groups, email and voicemail is owned by JadeStart and is not permitted to be shared without prior written approval from JadeStart.

 

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, our JadeStart Services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, JadeStart Services and the Content, without refund, if you are found to be violating these Terms.  

 

Free or paid content

Where you download or purchase our digital products (including checklists, guides, ebooks, workbooks, video or audio content) (“Digital Products”) whether directly or via our JadeStart Services, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use.  You may not assign or transfer the Digital Products or your membership of any JadeStart Services to any other person without Our express written consent.  We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.

 

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.

 

 

4. Access to Courses & Coaching

You agree to provide accurate, current and complete information about yourself as requested or directed on the Site, and to promptly update this information to maintain its accuracy.  We have the right to suspend or terminate your access if we suspect that such information is inaccurate or incomplete.

 

Your selected JadeStart Service commences when your application has been accepted by Us and You pay the price as displayed on our Site and in accordance with these Terms.

 

We may review and approve or deny your application at our sole discretion.

 

Your selected JadeStart Service continues until terminated in accordance with these Terms.

 

You may sign up for the applicable JadeStart Service using the online application form located on our Site.

 

You will need to make an account in order to access the selected JadeStart Service.  You are solely responsible for maintaining the security of this account by protecting your password and account information and maintaining the accuracy of the information provided in this account.

 

You will pay us the fees in full upfront or by instalment payments (if applicable) over the term of the JadeStart Service selected:

a. by electronic funds to an account nominated by us or by any other method nominated by us; and

b. on the date that the fees become due.

 

The fees are non-refundable except as required by law or at our sole discretion.  We do not provide refunds simply because your situation has changed or you have changed your mind, except as set out under “MONEY BACK GUARANTEE” below.

 

5. Conflict of Interest

If you are establishing or operating a business which either is in direct competition with JadeStart, or perceived to be in direct competition with JadeStart, this fact must be disclosed to JadeStart prior to purchasing of any courses, programs or coaching. We reserve the right at any stage to revoke access to memberships, private groups and any other content that is accessible via purchase, if we deem there to be a conflict of interest between JadeStart and any individual participating in program material, or a person within close proximity of that individual.

 

If the conflict of interest is not disclosed prior to engaging JadeStart's services or purchasing any of JadeStart's courses or programs, no refund will be provided. A refund in full will only be issued for any / all programs currently in progress if the fact was disclosed upon sign up and JadeStart exercises their rights in relation to this clause.  

 

6. Entitlements, Benefits and Complaints Procedure

During your selected JadeStart Service, we will provide you with certain entitlements, in our sole discretion, that may include but are not limited to video, audio, workbooks, ebooks, and lessons.

 

You consent to receive electronic communication including by email, SMS or announcement, including but not limited to communications for the JadeStart Services of or marketing purposes.

 

You are granted access to the selected JadeStart Services until such time as these Terms are terminated or the selected JadeStart Service is taken down.  If the selected JadeStart Service is taken down, We will provide you with 30 days’ notice.

 

From time to time we may also provide you with certain benefits that may include products, classes, workshops, gifts packs or other courses, in our sole discretion.  We cannot guarantee the duration for which these benefits will be available for.

 

Where we provide you with gift packs, the content of each gift pack may vary.  These gift packs cannot be exchanged for credit against any of the JadeStart Services.  Where clothing is provided as part of a gift pack, please contact us at jade@jadestart.com should the size be incorrect and we will exchange for the correct size, provided that the item has not been worn and is in its original condition.

 

During your selected JadeStart Service, you may also be invited to participate in our online group, in order to be admitted and retain access to the online group, you will be required to comply with the online group rules, including the rules provided by the platform which hosts the group.  Where you breach the online group rules, your access will be removed and depending on the severity of your breach of the rules, your JadeStart Service may also be cancelled.  We reserve the right to cease this group with 7 days’ notice.

 

We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the service you have received and wish to raise a complaint, then please submit your complaint through our Contact Us Form, which can be accessed here.

 

Any complaint submitted in accordance with the terms set out above must include the following information at a minimum:

 

a. Your name;

b. the email address you used to apply for the JadeStart Service;

c. details of your concern or complaint;

d. details of what you would like us to do to resolve the matter; and

e. copies of any relevant correspondence.

 

We will provide you with an acknowledgement of your complaint within 3 business days of receipt. We will aim to resolve your complaint within 14 business days of receipt. If we are unable to address the complaint within 14 business days, then we will write to you to explain what is happening with your complaint. 

 

7. Pricing & Discounts

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you.  If you’ve purchased one of our JadeStart Services, it will be charged at the price in force at the time a customer’s order is validated.

 

We reserve the right at any time to modify or discontinue any or all of the JadeStart Services without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the program, course, product and/or service that forms part of the JadeStart Services.

 

We may from time to time provide discounted products and / or services.  You may only use one discount code with each purchase.  We reserve the right to reject or cancel any orders where you add more than one discount code.  We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.  Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

 

8. Club 88 Consulting Membership

A contract will be sent to you upon joining our Club 88 Consulting Membership. These terms and conditions are to be combined with any terms and conditions outlined in that contract. For the Club 88 Consulting Membership specifically, the following terms apply:

• Deposit: one month’s payment to join the waitlist and to secure your start date.

• Payments: weekly to remain 30 days in advance at all times.

• Cancellation: permitted in the first 3 months with 30 days’ email notice; after Month 3 you’re committed for the remaining 9 months.

• After Month 12: continues month-to-month, weekly payments will continue. Cancellation requires 30 days’ notice. 

• Price changes after the initial term will be provided with 30 days’ written notice.

• No refunds at any stage for the Club 88 Consulting program (subject to Australian Consumer Law).

9. Marketing Services (Social, Email, Google Business Profile & Google Ads)

 

9.1 Scope

We may provide one or more of the following (Marketing Services):

• Organic Social Media: content planning, creation, captions, scheduling, community prompts, basic engagement guidance across supported platforms.

• Email Marketing (EDM): strategy, list segmentation guidance, copy, design, automations/flows, broadcast campaigns.

• Google Business Profile: listing setup/optimisation, posting, review response templates, profile maintenance.

• Google Ads: account setup, conversion tracking implementation, campaign build, optimisation and reporting.

A detailed scope (channels, volumes, posting frequency, campaigns) will be set out in your service proposal, onboarding form or welcome email (Marketing Scope). If not stated, our standard package for your tier applies.

 

9.2 Term, Commitment & Termination

• Initial Term: minimum 3 months from service start.

• Thereafter: rolls month-to-month.

• Termination: either party may terminate with 30 days’ written notice (email is sufficient).

• Pauses: Pausing campaigns does not pause management fees during the notice period.

• We may suspend/terminate immediately for non-payment, unlawful or non-compliant content requests, or reputational risk.

9.3 Fees, Invoicing & Prepayment

• Management fees are invoiced weekly or monthly (as specified in the Marketing Scope) and must be maintained 30 days in advance at all times.

• No refunds on Marketing Services fees once paid, subject to Non-Excludable Conditions under the Australian Consumer Law.

• Media/Ad Spend: paid directly by you to platforms or, if routed through us by agreement, we may require a float/top-ups; media spend is separate from our fees.

• Third-party costs (stock, apps, scheduling tools, email platforms, domain/DNS, landing page software, etc.) are your responsibility.

9.4 Client Responsibilities

You must, at your cost:

• Provide timely access to platforms (ad accounts, Business Manager, Google Ads/GTM/GA4, Google Business Profile, email/SMS platforms, website/CMS, DNS), brand guidelines, logos, images, offers, pricing, disclaimers and required legal notices.

• Ensure all claims, promotions and pricing are accurate, current and lawful; obtain any required approvals or consents (including AHPRA/TGA-compliant wording for regulated health services; Privacy Act compliance; Spam Act consent and unsubscribe).

• Review and approve content promptly; your approval (explicit or deemed after the approval window stated in the Marketing Scope) authorises us to publish.

• Maintain working websites/landing pages, analytics/tracking access and conversion events.

• Hold and maintain your own ad accounts and data assets; we recommend accounts remain in your legal ownership.

9.5 Compliance (Health, Privacy & Spam)

• For aesthetic/health clients, you acknowledge responsibility for AHPRA/TGA compliance (including prohibitions on therapeutic claims, before/after comparisons, inducements, and prescription S4 advertising). We may refuse or amend non-compliant requests.

• You warrant your email/SMS marketing is Spam Act 2003 (Cth) compliant (consent, sender identification, functional unsubscribe) and Privacy Act 1988 (Cth) compliant (collection notices, use and disclosure, security, and any required consents).

• You indemnify us for losses arising from your non-compliance (see Indemnity).

9.6 Performance, Platforms & Tracking

• We do not guarantee specific results (ROAS, CPA, rankings, impressions, engagement or revenue). Results depend on many factors outside our control (offers, pricing, competition, seasonality, platform algorithms, ad approvals).

• Platforms (Meta, Google, TikTok, email providers) may change features/policies or suspend/restrict accounts. You acknowledge these risks and that we are not liable for platform actions, outages or policy changes.

• We will use reasonable efforts to implement/guide conversion tracking, but tracking accuracy depends on your site, consent tools and third-party systems.

9.7 Content, Approvals & Usage

• Unless otherwise agreed, we create content using assets you supply or stock assets we license for your campaigns. Stock licences remain subject to the stock provider’s terms.

• You are responsible for obtaining any required consents (e.g., talent releases) and ensuring materials do not infringe IP or privacy rights.

• Upon full payment of fees, you receive a non-exclusive licence to use deliverables created specifically for you for the intended channels during and after the engagement. Our underlying methodologies, templates, know-how and tools remain ours.

9.8 Changes to Scope

Out-of-scope work (extra posts, designs, copy, landing pages, additional platforms, urgent turnarounds) may be quoted separately or billed at our then-current rates with your approval.

 

10. Money-Back Guarantee (selected programs only)

We want you to be 100% happy with your purchase, and consequently, we do provide a money back guarantee on some of our JadeStart Services in accordance with the time frames and conditions set out below.   

 

To request a refund, you must email us at jade@jadestart.com and: 

• Provide a valid reason for your request to cancel; and 

• Any evidence to support the request. 

 

We will NOT refund where you have: 

• failed to submit your request within the applicable timeframe noted below; or  

• requested a refund for a service that is not eligible for a refund (eg Club 88 Membership or our marketing services); or

• submitted the request after the timeframe noted below. In this instance, you will remain responsible for payment of all fees due irrespective of whether you choose to complete the applicable JadeStart Services; or 

• consumed more than 10% of the entire members area for any of our programs, since being granted access. 

We will inform you within 14 days of receipt of your request whether a refund is applicable and where we have determined that a refund is due, we will organise prompt payment via our payment provider.   Where a refund has been agreed, all access to the program/course will cease and you must immediately cease using any material provided to you as part of the program/course and destroy any copies of such material. 

 

Any costs incurred by third party providers (where agreed in writing prior to the fees being incurred) must be paid to JadeStart prior to any refund request being considered. JadeStart reserves the right to deduct any amounts outstanding from the card details provided.    

 

Timeframes for requesting a refund:  

• Aesthetics and Beauty GrowthPad - Within 14 days from when access is granted to the program. In order to qualify, there is an expectation that you will have used your best efforts to actively participate and incorporate any strategies from the applicable JadeStart Service.  You must also have not consumed more than 10% of the course materials or contents inside the members area.

• Club 88 Consulting Membership - No refunds at any stage (subject to Australian Consumer Law).

• Marketing Services - No refunds at any stage (subject to Australian Consumer Law).

11. Electronic Communications and Electronic Signatures 

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission.  You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as a mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

 

12. Testimonials & Recording

On our Site we present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves.  These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our JadeStart Services will achieve the same or similar results.  

 

As part of the JadeStart Services, all coaching services are recorded, and we reserve the right to utilise these recordings for our business purposes including for purposes such as training staff and marketing purposes.  Our use of the recordings will be in accordance with our Privacy Policy and will not incorporate any sensitive information.

 

13. No Guarantees

Our role is to support and assist you in reaching your goals, we cannot guarantee that undertaking any coaching, participating in any of the JadeStart Services will ensure success.  Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through.  Under no circumstances, can we guarantee a particular result, whether financial or otherwise.  You acknowledge and agree that results may differ from person to person.  Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors.  You acknowledge and agree that when you purchase any of the JadeStart Services or participate in any JadeStart Services, that results may vary as there are too many variables to guarantee success.  Any client reviews, statements or examples advertised or available on our Site or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.

 

14. Personal Responsibility 

By participating in any JadeStart Services or otherwise using our Site, you acknowledge you are solely and personally responsible for any results you achieve.  You further acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained or learned from your use of this Site, purchase of any JadeStart Services or participation in any JadeStart Services, taking into account your own personal circumstances.

 

15. Prohibited Use

In addition to any other prohibitions, you must not, under any circumstances use the Site or its content:

a. for any unlawful purpose;

b. to solicit others to perform or participate in any unlawful acts;

c. to violate any international, federal, or state regulations, rules, laws, or local ordinances;

d. attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site;

e. hack into any aspect of the Service; corrupt data; cause annoyance to other users;

f. infringe upon the rights of any other person's proprietary rights;

g. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

h. attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

 

16. Warranties, Disclaimers & No Guarantees

This Site, the Digital Products and JadeStart Services are provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site, the Digital Products and JadeStart Services including that:

a. they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

b. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or  

c. there is no possibility of failure to store communications or other data.

 

The use of any JadeStart Services requires personal choices and/ or actions that are unique to the individual. You should not rely on the Content made available on our Site, through our JadeStart Services and/or our Digital Products unless you are satisfied that they are appropriate in your individual circumstances.

 

17. Australian Consumer Law & Liability

If you are a consumer within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), you have certain rights, including the consumer guarantees under the Australian Consumer Law, which cannot by law be excluded (“Non-Excludable Conditions”).

 

Subject to the application of any applicable Non-Excludable Conditions and to the fullest extent permitted by law, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site, our Digital Products and /or our JadeStart Services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.  

 

If our liability under these Terms cannot be lawfully excluded, to the maximum extent permitted by law, our liability for breach of any Non-Excludable Condition is limited to (at our option) the supplying of any Digital Products and/or JadeStart Services again, or the payment of the cost of having the Digital Products and/or JadeStart Services supplied again.

 

18. Indemnity

To the fullest extent permitted by applicable laws, you agree to indemnify, release, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis):

• made by any third party due to or arising out of your use of this Site, our Digital Products and/or our JadeStart Services in violation of these Terms;
• arising from a breach of these Terms;  
• your unlawful or non-compliant content or marketing (including AHPRA/TGA, Privacy Act and Spam Act breaches); 
• any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party; and/or
• arising or in connection with any JadeStart Services, or parts of them, which are delivered to you by a Consultant, 
  except to the extent that the loss, liability, claim or demand was caused by our negligence or intentionally wrongful act.

19. Third-Party Consultants

You acknowledge and agree that we may engage third party consultants or subcontractors (“Consultants”) to deliver the JadeStart Services in whole or in part.

 

20. Confidentiality

Each party must keep the other’s non-public information confidential and use it only for performing or receiving the Services, except where disclosure is required by law.

 

21. Force Majeure

We are not liable for delay or failure caused by events beyond our reasonable control (e.g., platform outages, government action, network failures, acts of God).

 

22. Termination of JadeStart Services

We may terminate the applicable JadeStart Service with immediate effect, by giving You written notice if:

a. You do not pay the JadeStart Service fees when due;

b. You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms;

c. You engage in conduct injurious or potentially harmful to our reputation;

d. You disclose confidential information without consent.

e. You fail to conform or abide by our applicable rules, policies or procedures;

f. Your actions are contrary to our interests; or

g. We consider that mutual trust and/or confidence no longer exists.

 

If we terminate your JadeStart Service, we may, but are not obliged to refund any prorated balance of the applicable JadeStart Service fee already paid by you.

 

23. Breach and Termination

The agreement constituted between us by your use of the Site may be terminated

(a) where you breach any provision of these Terms; or 

(b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

 

23. Severability, Assignment & Entire Agreement

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

 

We are permitted to assign, transfer and subcontract in whole or part, our rights and/or obligations under these Terms without any notification or consent required.  However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

 

These Terms (with ) are the entire agreement.

 

These Terms (together with our Privacy Policy, Coaching Terms and Conditions, disclaimers, any accepted proposal/SOW and any service-specific terms like the Marketing Scope or Club 88 Consulting Program terms) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site, our Digital Products and/or JadeStart Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to your use of this Site, our Digital Products and/or JadeStart Services.

 

24. Governing Law & Disputes

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible.  Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.