Terms and Conditions

 

Updated 24 October 2022

 

Welcome to jadestart.com 

 

This Site is owned and operated by JadeStart Pty Ltd ABN 13 605 681 838 trading as JadeStart, Brows and Business Academy and MUA Launch (referred to in these terms as “JadeStart”, “we”, “us”, and “our”).  We are a business coaching service providing our members with programs, coaching, courses, information, ability to sign up to our products and/or services, access to Digital Products, as well us 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”). 

 

CONSENT TO SITE TERMS

By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.  

 

NO MINORS

By using the Site, accessing or purchasing any products or services, you warrant that:

 

a. you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

b. have read and accepted these Terms; and

c. will comply with these Terms.

 

CHANGES TO THESE TERMS

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. 

 

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.

 

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties.  Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites.  It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.

 

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

 

CREATING AN ACCOUNT

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. 

 

ACCESS

Access to courses and coaching programs under JadeStart Services.

 

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.

 

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.  

 

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 admin@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. 

 

PRICES AND PAYMENT

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.

 

MONEY BACK GUARANTEE

 

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

 

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

• Provide completed coursework to support that you actively participated in the program/course; and
• Any other evidence to support the output of any course work and your active participation.

We will NOT refund where you have:

• failed to submit your request within the applicable timeframe noted below.  There are no refunds after the timeframe noted below and you will remain responsible for payment of all fees due irrespective of whether you choose to complete the applicable JadeStart Services; and
• 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.

Where a refund has been agreed for the Scale & Grow program, costs associated with third party providers (e.g., Legal or HR Agency fees) must be paid to JadeStart within 30 days of the agreed refund. JadeStart reserves the right to deduct any fees owing from the amounts paid for the JadeStart services. 

 

Program/Service Cancellation Notice - must be received via email: 

 

GrowthPad - Within 14 days from when access is granted to the program.

Club 88 Consulting Membership - With 30 days notice.

Strategy Call - Within 24 hours of the call.

 

CLUB 88 CONSULTING MEMBERSHIP

A deposit amount of one month's payment as specified in your Agreement is required to secure your position on the waitlist to join the program. The deposit must be paid upfront before starting the program. Upon the program's commencement date, you will be required to make weekly payments as set out in your Agreement to ensure you remain 30 days in advance at all times while you are part of the program.

Cancellation within the first 3 months of the program is permitted and must be received via email with 30 days notice. After Month 3, you are committed to continue the program for the remaining 9 months.

After Month 12, you can continue the program month-by-month, with payment continuing on a weekly basis. To cancel your membership within the program, 30 days notice is required. Any price increases implemented after the 12 month anniversary, will be communicated with 30 days notice. No refund is given at any stage in the program. 

 

 

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.

 

DISCLAIMER - INFORMATION AND ADVICE

The information provided in or through our Site, JadeStart Services is intended to be for educational purposes only and is made available to you as a means of helping you help yourself.  Under no circumstances should the content made available on our Site, our JadeStart Services be relied upon as business, financial or legal advice.

 

By referencing any programs, courses, products or services, the JadeStart Services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the programs, courses, products or services.

 

You acknowledge and agree that we have not and do not make any representations as to the financial benefits, future income, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Site, or the JadeStart Services.

 

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.

 

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.

 

TESTIMONIALS

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.

 

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.

 

AFFILIATES

 

Affiliates are subject to these Terms and additional terms located here.

 

WARRANTIES AND DISCLAIMERS

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.

 

LIMITATION OF 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.

 

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.

 

OUR RIGHT TO BE INDEMNIFIED BY YOU

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):

1. 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;
2. arising from a breach of these Terms;  
3. 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
4. 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.

 

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.

 

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.

 

SEVERABILITY

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.

 

CEASING OUR WEBSITE

We have the right to discontinue this Site.  If we decide to do this, it can be at any time and may be without notice to you.  We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

ASSIGNMENT                                                                                                                    

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.

 

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy, Coaching Terms and Conditions and disclaimers) 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.

 

GOVERNING LAW AND JURISDICTION         

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.