6FC Terms and Conditions – Offer

Closer Institute Terms And Conditions
Closer Institute Client Agreement and Terms & Conditions 1. Acceptance 1.1 This legally binding agreement is between You (referred to as “You”, “Your” and/or Client) and THE CONSCIOUS LEADERS MOVEMENT/CLOSER INSTITUTE (ABN 59 633 052 285) (referred to as “THE CONSCIOUS LEADERS MOVEMENT”, “we”, “us” an/or our”), and collectively the Parties. 1.2 We are pleased to welcome you as a member into our Mastermind program, the details and inclusions of which are set out in THE CONSCIOUS LEADERS MOVEMENT/CLOSER INSTITUTE Mastermind Enrolment Form. You agree and accept that these Terms and Conditions (or “Terms”) form the Agreement under which we will supply the Services to you. Please read the Terms carefully. Please contact us if you have any questions. 1.3 You accept our Terms by: (a) completing, signing and returning this document; or (b) indicating your acceptance of these Terms via a link sent to you. 12 month Closer Institute Mastermind Payment Options: You agree signing this Agreement and terms & conditions that you have chosen one of the below payment options: $1500 initial deposit today then pay the remainder $5500 once lands a remote sales role 2. Service 2.1 We agree to perform the ‘THE CONSCIOUS LEADERS MOVEMENT/CLOSER INSTITUTE Mastermind program inclusions’ (or “Services) with attention and care to the best of your ability during your time as a member with us. 2.2 We may provide these services to you using our employees, contractors and third party providers, at our discretion to deliver the ‘THE CONSCIOUS LEADERS MOVEMENT/CLOSER INSTITUTE Mastermind program inclusions’ to the best of our ability, and they are included in these Terms. 2.3 Suppliers of third party services who are not an employee or our direct contractor and who you engage (Third Party Services) will be your responsibility. We are not responsible for the quality of service provided by suppliers of Third Party Services. You must make direct arrangements with them. 2.4 Our services may include delivery through Online Learning Management Systems, other online platforms and communication channels as well as face-to-face components at our events. We reserve the right that delivery mechanisms and platforms as well as face-to-face delivery locations may change from time to time where reasonable. 2.5 You are responsible for the organising and funding of travel and accommodation to participate in retreats and other face-to-face activities. 2.6 We reserve the right to vary these Terms, revise the content of the Program, cancel, amend, change or reschedule part of the Program and to make other changes to the Program and your Enrolment as reasonably required. 2.7 We reserve the right to close our office and its operations for up to three (3) weeks during the year, including the December/January holiday season. During this time, there will be limited or no access to all components of the Program, except for the online education and resource portal and Facebook groups. There could be limited support available from our employees, contractors, advisers or third party providers during this time. 3. Your Acknowledgments, Obligations and Warranties 3.1 You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee, client or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior twelve (12) month period. This clause shall apply from the commencement of these Terms until the later of: (i) twelve (12) months following the termination of your Enrolment; and (ii) twelve (12) months following the cessation of the employee or contractor’s employment with us. This clause shall survive termination of these Terms. 3.2 You warrant that throughout the term of this agreement that: (a) you are fully and solely responsible and liable for payment of all fees payable to both The Conscious Leaders Movement/Closer Institute and/or the finance provider as agreed upon at the beginning of your membership by yourself, The Conscious Leaders Movement/CLOSER INSTITUTE Sales Consultant, and the finance company. (b) there are no legal restrictions preventing you from agreeing to the Terms; (c) we will request you to complete actions in order to benefit your business and yourself throughout your time as a member. You agree to provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services; (d) the information you provide to us is true, correct and complete; (e) you will not infringe any third party rights in working with us and receiving the Services; (f) you will inform us if you have reasonable concerns relating to our provision of Services under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns; (g) you are responsible for obtaining any consents, licenses and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licenses and permissions; (h) you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you; (i) as some Program speakers and Members may choose to share with you private information that they do not want repeated outside The Conscious Leaders Movement/CLOSER INSTITUTE community, you may be requested to keep such information confidential and if you are so requested, you shall be respectful and refrain from discussing such information with others; (j) you shall not use recording equipment (including, without limitation, recording via smart phone, tablet, laptop or dictaphone) of any kind at any of our live events or webinars. The Conscious Leaders Movement/CLOSER INSTITUTE will record classes from time to time for you and make them available to you as a Member. 3.3 You agree and understand that: (a) We expect you to participate, engage, keep an open mind, listen and be prepared to be challenged at times. We expect that you are willing to learn and grow as a person and to contribute to the community; (b) You understand that we do not grow & get the results for you – we give you access to information, people, tools and interactive sessions; (c) You understand that you may learn skills that you can implement in any business, and have an opportunity to test and brainstorm your ideas and challenges with like-minded people; (d) You agree that enrolment and completion of the program is not a guarantee of success and we are not liable for any negative impacts that your actions have on you or your business. (e) face-to-face components of the Program may be recorded, filmed and photographed, and as a result, you may intentionally or unintentionally appear in footage or images that are uploaded onto the member’s portal, used in marketing videos, placed on our website, or played in clips at our events or workshops; (f) the information, resources and material we provide to you in the Program is for general information purposes and does not constitute legal or financial advice. You agree to seek independent legal and financial advice in relation to the information and materials provided in the Program to ensure that the information and materials are suitable for your business; (g) any options or advice provided by our advisers and coaches in any one-on-one session should be treated as general advice or suggestions only and that you shall undertake your own research before making any decision to implement any options or advice provided by our advisers, employees and contractors; and (h) you are responsible for using the materials and resources provided to you in the Program. 3.4 Guarantees: Placement Guarantee: We guarantee placement into a remote sales position as long as the training plan has been completed, completion of the online training portal content,you have attended or watched the replay of every weekly coaching call, you are active in the community groups along with asking questions weekly and completed the 20+ hours of quality role play. You must show you have completed the above and that you're proficient in the skills by demonstrating proficiency on a weekly coaching call. If you have done the above we will continue to give you coaching and feedback until you are at a standard to secure a remote sales position. Money Back Guarantee: We guarantee you will make more than the investment into the program or we will coach you for free until you do. For the guarantee to be in place you must have implemented the program to a reasonable standard by meeting the following: the training plan has been completed, completion of the online training portal content, you’ve attended or watched the replay of every weekly coaching call and completed the 20+ hours of quality role play of both scripts. You must show you have completed the above and that you're proficient in the skills by demonstrating proficiency on a weekly coaching call and evidence of above. If this is the case the guarantee applies and we will continue to work with you and coach you until you make the return on the program investment. 4. Confidential Information 4.1 It is a requirement of the Privacy Act 1988 that you are informed about the collection of your personal information and how we may use it. The personal information you provide on this form is being collected for the purpose of processing your enrolment into the program, and assisting us in improving our service to you. You have a right to access and make alterations to your personal information. We agree not to disclose your personal or business information to any third party. We will use your information for the reason it was disclosed, including the purpose of providing our services to you, and not for any other purpose without your prior consent. 4.2 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose. 4.3 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose. 4.4 These obligations do not apply to Confidential Information that: (a) is authorised to be disclosed by us (for example, Program materials disclosed to your staff for the purposes of implementing the ideas contained therein in your business) ; (b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms; (c) is received from a third party, except where there has been a breach of confidence; or (d) must be disclosed by law or by a regulatory authority including under subpoena. 4.5 Breach of this clause by you may result in the termination of these Terms by us and your exclusion from the Program, in our absolute discretion. 4.6 Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, knowhow, intellectual property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”. In relation to our Confidential Information, this includes the content, resources, materials, handouts and any login details provided in respect of the Program. 4.7 The obligations under this clause will survive termination of these Terms. 5. Intellectual Property 5.1 The work and materials that we provide to you in carrying out the Services (including but not limited to video and audio recordings and content of the Program, E-books, podcasts, slideshow presentations, and any other information, resources, materials and handouts provided to you in the Program) contains material which is owned by or licensed to us, or owned by third parties, and is protected by Australian and international laws (Materials). 5.2 We own the copyright in all creative and literary works incorporated in our Materials that we have created. 5.3 You agree that we own all intellectual property rights in our Materials, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights in our Materials, except as stated in these Terms or with our written permission. Your use of our Materials does not grant you a license, or act as a right of use, any of the intellectual property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission. 5.4 You must not breach our copyright or intellectual property rights by, including but not limited to: (a) altering or modifying any of the Materials; (b) creating derivative works from the Materials; or (c) using our Materials for commercial purposes such as on sale to third parties. 5.5 We will license to you certain Materials, such as the Program materials, downloadable templates, handouts and resources which will be referred to as Licensed Material, upon full payment of our fees. You acknowledge and agree that this Licensed Material may contain intellectual property which is owned by third parties and not by us, and use of such third party intellectual property is governed by the relevant third party’s terms and conditions. 5.6 We grant you a non-perpetual, non exclusive, revocable, international and non-transferable right and license (License) to use the Licensed Material: (a) for your personal, non-commercial use associated with the development of being a sales person. 5.7 No part of the Licensed Material may be copied, modified, licensed, published, transmitted, distributed, uploaded, broadcast, sold or otherwise transferred to any third party without our prior written consent. 5.8 We do not accept responsibility and liability for any changes that you or anyone else makes to the Licensed Material. 5.9 You acknowledge and agree that you must not use our Licensed Material to create a business name that is similar to ours. If you do so, we reserve the right to immediately terminate your License. You, your contractors, partners or employees agree that you will not compete with Closer Institute in the same industry or with the same/similar program/product offerings. 5.10 You agree to provide information including Intellectual Property to us to enable us to provide the Services. You; (a) warrant that you have all necessary rights to provide the Intellectual Property to us; (b) grant us a perpetual, nonexclusive, royalty free, irrevocable, worldwide and transferable right and license to use the Intellectual Property in any way we require to provide the Services to you; and (c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights. 5.11 If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you: (a) irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you; (b) irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship; (c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and (d) agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement. 5.12 We may create Intellectual Property for you as part of the Services. You are responsible for proofing and approving all materials we prepare specifically for your business. We will assign ownership of these materials to you, upon full payment of our invoices. 5.13 Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names. 6. Payment 6.1 The full price of the program is set out in this Agreement and/or the Closer Institute Website, Closer Institute check out/payment link page once these terms are completed and signed we have a no refund policy on any deposits or payments made to The Closer Institute and no refunds on paying the remainder of the full Price of the Program. The total program price must be paid on time and in full. The full price does not include any travel or accommodation costs and additional study materials that may be required by you (such as but not limited to stationery, textbooks, electronic devices, internet connections, study aids etc.) You can choose from 2 payment methods: (a) pay in full and upfront by credit/debit card or electronic funds transfer (EFT) on the date of signing these Terms; or (b) pay via payment plan arrangement with the finance provider of our choice at the time of signing up to this program 6.2 If you choose to pay in full upfront, the full amount will be payable on the date these Terms are signed and you are enrolled into the Program. Note where this day falls on a weekend or public holiday, the payment may be initiated on the next business day. 6.3 If you choose to apply for finance, your first instalment (the deposit) will be payable on the date agreed upon by yourself and the external finance provider. Your finance application must be completed and submitted within 48 hours of signing these Terms. 6.4 If your finance application is not successful with The Conscious Leaders Movement/CLOSER INSTITUTE finance provider, you may seek finance elsewhere. By signing these Terms, you are legally bound into our 12-month program. In extreme situations you may be eligible to enter into a payment arrangement directly with The Conscious Leaders Movement/CLOSER INSTITUTE. Contact info@closerinstitute.com.au in this event. 6.5 Any dispute between yourself and an external finance provider that you have made a set agreement and payment plan with will be settled externally between yourself and the finance provider. The Conscious Leaders Movement/CLOSER INSTITUTE is not involved, or in any part responsible or owing, in any payments in arrears or dispute in this case. 6.6 All amounts are in Australian dollars and include GST for Enrolments that originate from Australia, New Zealand, Thailand, Bali or other International locations. For enrolments that originate from other Countries, all amounts are in US Dollars. We take no responsibility for exchange rate fluctuations or changes in GST rates, and reserve the right to increase the gross price should GST rates increase. 6.7 Our pricing structure, payment methods, payment processes and these Terms may be amended at any given time at our discretion. The pricing changes will apply to you for any new services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our website or are provided to you, whichever is earlier. 7. Termination 7.1 Any request to terminate the agreement and your enrolment (Termination or Cancellation or Withdrawal) must be in writing to info@closerinstitute.com.au and request a copy of the The Conscious Leaders Movement/CLOSER INSTITUTE Complaints Policy and Procedure be emailed to you. 7.2 Once your request to terminate your enrolment in the Program is accepted, you will be required to continue to pay the remainder of your fees to your finance provider, separate from your agreement with The Conscious Leaders Movement/CLOSER INSTITUTE, including: (a) all remaining fees as they fall due based on your payment plan up to the full amount of the total course fees; where the total amount of course fees equals the sum of all instalments in your payment plan; and (b) all arrears outstanding at the date of termination. In avoidance of all doubt, you are liable to pay the total course fees in full regardless of the timing of the termination date, whether you have consumed any services or your perceived value of the service received. No refunds apply. 7.3 The date of termination is the date where we receive your written request to terminate your enrolment in the Program. 7.4 We may pause or terminate the Terms immediately and your Client enrolment in the Program at our sole discretion if: (a) we consider that our working relationship has broken down including a loss of confidence or trust; or you breach any part of these Terms; or (b) you breach our Code of Conduct; or (c) you are involved otherwise in any illegal activities inside or outside of this Agreement. 7.5 On termination of these Terms by us you agree that any payments made are not refundable to you, and you are to pay all invoices for Services rendered to you up to the date of termination. 7.6 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property. 7.7 On completion of the Services and the Program, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms. 7.8 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms. 7.9 On termination, we will remove your access to all of our services, including Learning Portals, online communities and facility access and we will not be liable for any claims related to the removal of your access. 8. Feedback 8.1 Your feedback is important to us. We want to, and will seek to resolve your concerns quickly and effectively. Please come to us first with any concerns, problems or issues you may have concerning the Program to us directly in person or via phone or email. 8.2 You agree not to post any content on our website or any of our social media accounts or speak with clients or people that could reasonably be considered to be inappropriate, defamatory, disparaging or would otherwise bring us into disrepute. You agree not to post any content on your website or social media accounts that could reasonably be considered to be inappropriate, defamatory, disparaging or would otherwise bring us into disrepute. The Conscious Leaders Movement/CLOSER INSTITUTE reserves the right to take legal action against any Member under contract who breaches this condition. 8.3 You agree not to attempt to adversely influence other The Conscious Leaders Movement/CLOSER INSTITUTE program participants in an inappropriate, defamatory, disparaging manner that would otherwise bring us into disrepute. 9. Consumer Law, Limitation of Liability and Disclaimers 9.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms. 9.2 Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us resupplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates. 9.3 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information. 9.4 Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services. 9.5 Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose. 9.6 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and this agreement, except those set out in these Terms, including but not limited to: (a) implied or express guarantees, representations or conditions of any kind, which are not stated in the Terms; (b) our Services being unavailable; and (c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage. 9.7 Limitation: Our total liability arising out of or in connection with our Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable. 9.8 This clause will survive termination of these Terms. 10. Indemnity 10.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (a) any information that is not accurate, up to date or complete; (b) any breach of these Terms; and (c) any misuse of the Services from or by you, your employees, contractors or agents. 10.2 You agree to cooperate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. 10.3 The obligations under this clause will survive termination of these Terms. 11. General 11.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. 11.2 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer. 11.3 GST: If and when applicable, GST payable on our Services will be set out on our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges. GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations. 11.4 Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee. 11.5 Assignment: The Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld). 11.6 Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable. 11.7 Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing. 11.8 Notice: Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you at the address you provide in the Agreement form and if to us, at the address provided at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission. 11.9 Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria. 11.10 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
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