Terms & Conditions
1     Disclaimer

Results may vary

Our  role is to support and assist you in reaching your own goals, but your  success depends primarily on your own effort, motivation, commitment and  follow-through. We cannot predict and we do not guarantee that you will  attain a particular result, and you accept and understand that results  differ for each individual. Each individual’s results depend on his or  her unique background, dedication, desire, motivation, actions, and  numerous other factors. You fully agree that there are no guarantees as  to the specific outcome or results you can expect from using the  information you receive on or through this Site or any Program. You are  solely responsible for your results.

Risk and reliance

You  acknowledge that, as with any business endeavour, there is inherent  risk or loss of capital and we make no guarantee that you will earn any  additional revenue as a result of your participation in any Program. Do  not stop your existing business activities and strategies, or solely  rely on our Program or Site. Our Programs are designed to work in  addition to your business strategies and activities, not to replace  them.

Currency

Please note that all references to $  or dollars in these Terms refers to the currency of the United States  from time to time (USD). All invoices are charged in USD. Australian  customers can request a copy of an invoice for tax purposes from  support@theheadquarters.com.au. All invoices in USD subject to GST are inclusive  of GST.

2     Our Disclosures

    Subject to your Consumer Law Rights, our aggregate liability for any Liability arising from or in connection with these Terms (including any Program) will be limited to us repaying you the Price paid by you to us for the Program the subject of the relevant claim and we will not be liable for consequential loss.

    Subject to your Consumer Law Rights, the Price is non-refundable and non-cancellable once paid.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights

3        Introduction

3.1     This website (Site) is operated by S&K Headquarters Pty Ltd (we, us or our). These terms and conditions (Terms) are entered into between us and you, together the Parties and each a Party.

3.2     In these Terms, you means the person or entity placing an order through the Site.

4        Use of the Site

4.1     You accept these Terms by placing an order via the Site.

4.2     You must not use the Site and/or place an order through the Site unless you are at least 18 years old.

4.3     When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(a)    anything that would constitute a breach of an individual’s privacy  (including uploading private or personal information without an  individual’s consent) or any other legal rights;

(b)  using the  Site to defame, harass, threaten, menace or offend any person, including  using the Site to send unsolicited electronic messages;

(c)   tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(d)  using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(e)   facilitating or assisting a third party to do any of the above acts.

5        Our Programs

5.1     You may order a program or product (collectively, Program)  from us as set out on the Site. If you place an order for a Program on  our Site, you are making an order to purchase the Program for the price  listed on the Site (including taxes), either as a one-off purchase or on  a monthly basis (Subscription).

5.2     Once we accept an  order, a binding agreement is formed for the supply of the Program to  you in accordance with these Terms.

5.3     It is your  responsibility to check the order details, including the selected  Program, pricing and billing cycle (if applicable), before you submit  your order through the Site.

5.4     When you order and pay on the  Site and your payment has been validated, we will provide you with an  order confirmation email and details on how to access the Program.

5.5      You must not disclose your Program access details to any third  party or to any persons other than the individual who will undertake the  Program.

5.6     When you are purchasing a Program for another individual and/or individuals to complete (Participant), we will provide each Participant with a unique access code.

5.7      You or the Participant must have a suitable device (such as a  tablet or computer) and a strong internet connection to watch the  Program content on the Site.

5.8     On completion of the Program,  you or the Participant will receive an email from us notifying you that  the Program is complete (Program Completion).

(a)   You or  the Participant will lose access to the program after Program  Completion, unless you purchase an additional Subscription to the  Program.

(b)  We reserve the right to terminate you or a Participant’s access to a Program for failure to comply with these Terms.

5.9      Should you be unable to access the Program, or should you have any  other questions or issues impacting on your use and enjoyment of the  Program, you must place a request via email. We will endeavour to  respond to any support requests in a reasonable period.

5.10   You  acknowledge and agree that the Program may be reliant on, or interface  with third party systems that are not provided by us (for example,  MemberVault or Circle) (Third Party Services). To the maximum  extent permitted by law, we shall have no Liability for any Third Party  Services, or any unavailability of the Program due to a failure of the  Third Party Services.

5.11   While we use reasonable attempts to ensure the accuracy and completeness of the content and materials in the Program (Content),  to the extent permitted by law (including the Australian Consumer Law),  we do not warrant the accuracy, completeness or suitability of any of  the Content. The Content may be subject to change without notice and we  do not undertake to keep the Program up-to-date. The Content is not  comprehensive and is for general information purposes only.

5.12   Cancellation of your Subscription:  If you wish to cancel your Subscription during the term, you must  provide notice to us via email before the end of the current billing  cycle. Your cancellation will take effect from the end of the current  billing cycle.

5.13   We may need to change what is available as  part of your Subscription (for example, the inclusions, exclusions,  updated features) from time to time. If we change what is available as  part of your Subscription, we will provide you with at least 30 days’  notice of the change. After the notice period has lapsed, we will apply  the changes to your Subscription. If the changes adversely affect your  enjoyment of the Subscription, you may cancel your Subscription with  effect from the date we apply the changes to your Subscription by  providing written notice to us. If you cancel your Subscription: (a) you  will no longer be able to access the Program on and from the date of  cancellation, and (b) if you have paid any fees upfront you will be  issued a pro-rata refund having regard to the date of termination and  the period for which you have paid.

6        Price and Payment

6.1     You must pay us the purchase price for each Program you order as set out on the Site (the Price) in accordance with this clause.

6.2     If you have selected a Subscription:

(a)   you will be charged on a recurring monthly basis for the term of the Program as set out on the Site;

(b)  you must ensure your payment details are kept up to date;

(c)    by providing your bank account details and accepting these Terms, you  authorise our nominated third party payment processor to debit your  account in accordance with these Terms and you certify that you are  either an account holder or an authorised signatory on the account for  which you provide details;

(d)  if your payment fails, we will  attempt to contact you 3 times via the contact details provided. If we  are unable to contact you and we have not received payment, we will  suspend your access to the Program; and

(e)   at the end of the  Subscription, you will be notified by us and you may choose to purchase  another Subscription on the Site and pay the Price outlined on the Site.

6.3      You must pay the Price using one of the methods set out on the  Site. We may offer payment through a third-party provider for example,  Stripe. You acknowledge and agree that we have no control over the  actions of the third-party provider, and your use of the third-party  payment method may be subject to additional terms and conditions.

6.4      You must not pay, or attempt to pay, the Price by fraudulent or  unlawful means. If you make a payment by debit card or credit card, you  warrant that you are authorised to use the debit card or credit card to  make the payment.

6.5     You must not request a chargeback or  dispute a credit card payment that is found to be valid. If you request a  chargeback or dispute a valid credit card payment for a Program, you  may be blacklisted and/or blocked from using our Site or purchasing any  Program in the future.

6.6     We do not store any credit card  details, and all payment information is collected and stored through our  third-party payment processor.

6.7     To the extent permitted by law, the Price is non-refundable and non-cancellable once paid.

7        Our Intellectual Property

7.1      You acknowledge and agree that any Intellectual Property or content  (including copyright and trademarks) available in the Program (Our Intellectual Property) will at all times vest, or remain vested, in us.

7.2      We authorise you to use Our Intellectual Property solely for your  personal use. You must not exploit Our Intellectual Property for any  other purpose, nor allow, aid or facilitate such use by any third party.  You may only access Our Intellectual Property on your personal device,  and you may not use Our Intellectual Property for any commercial  purpose.

7.3     You must not, without our prior written consent:

(f)   copy, in whole or in part, any of Our Intellectual Property;

(g)    reproduce, retransmit, distribute, disseminate, sell, publish,  broadcast or circulate any of Our Intellectual Property to any third  party; or

(h)  breach any intellectual property rights connected  with the Site or any Program, including (without limitation) altering or  modifying any of Our Intellectual Property, causing any of Our  Intellectual Property to be framed or embedded in another website, or  creating derivative works from any of Our Intellectual Property.

7.4     This clause will survive the termination or expiry of these Terms.

8        Your Content

8.1     As applicable to your Program, you may have access to our forum on a third party platform, such as Circle, or our Site (Platform)  through which you can communicate and ask questions to our mentors and  other Participants. You may be permitted to post, create, upload,  publicise or otherwise submit content (Submit), such as comments, questions, pictures, testimonials and videos on the forum (Your Content). You must Submit Your Content in accordance with these Terms.

8.2      We ask you to limit your discussions to topics which are relevant  to the Program. We have the right but not the obligation to appoint  moderators of our forum from time to time to ensure that all voices are  heard and no inappropriate thread or topic is discussed on the forum.

8.3      We reserve the right to remove any of Your Content which we, in our  sole discretion, deem to be in breach of these Terms or otherwise  inappropriate including Your Content that:

(a)   defames, harasses, threaten, stalks, menaces, tracks, monitors, mistreats, offends or otherwise hurts any person;

(b)  uses obscene or foul language;

(c)   includes link(s) to inappropriate, offensive or illegal material on the forum;

(d)  could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and

(e)   interferes with another Participant.

8.4      We are not responsible for the conduct of any Participant of our  Program. You agree and acknowledge that you participate on the forum  including by Submitting Your Content at your own risk.

8.5     By  making available any of Your Content on or through the Platform, you  grant to us a worldwide, irrevocable, perpetual, non-exclusive,  transferable, royalty-free licence to use Your Content, with the right  to use, view, copy, adapt, modify, distribute, license, transfer,  communicate, publicly display, publicly perform, transmit, stream,  broadcast, access, or otherwise exploit Your Content on, through or by  means of our Platform.

8.6     You agree that you are solely  responsible for all of Your Content that you make available to us. You  represent and warrant that:

(a)   you are either the sole and  exclusive owner of Your Content or you have all rights, licenses,  consents and releases that are necessary to grant to us the rights in  Your Content (as contemplated by these Terms); and

(b)  neither  Your Content nor the posting, uploading, publication, submission or  transmission of Your Content or our use of Your Content on, through or  by means of our Program will infringe, misappropriate or violate a third  party’s intellectual property rights, or rights of publicity or  privacy, or result in the violation of any applicable law or regulation.

8.7      You acknowledge and agree that we may monitor, analyse and compile  statistical and performance information based on and/or related to your  use of the Program, in an aggregated and anonymised format (Analytics).  You acknowledge and agree that we own all rights in the Analytics, and  that we may use the Analytics for our own internal business purposes,  provided that the Analytics do not contain any identifying information.

8.8     This clause will survive the termination or expiry of these Terms.

9        Warranties

9.1     You represent, warrant and agree that:

(a)   you will not use our Program, including Our Intellectual Property, in any way that competes with our business;

(b)  all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and

(c)    you have not relied on any representations or warranties made by us  in relation to future earnings, business profit, marketing performance,  audience growth of any kind, unless expressly stipulated in these Terms.

10      Australian Consumer Law

10.1   Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth),  and similar consumer protection laws and regulations, may confer you  with rights, warranties, guarantees and remedies relating to the  provision of the Program by us to you which cannot be excluded,  restricted or modified (Consumer Law Rights).

10.2   If the  ACL applies to you as a consumer, nothing in these Terms excludes your  Consumer Law Rights as a consumer under the ACL. You agree that our  Liability for a Program provided to an entity defined as a consumer  under the ACL is governed solely by the ACL and these Terms.

10.3    Subject to your Consumer Law Rights, we exclude all express and  implied warranties, and all material, work and services (including any  Program) are provided to you without warranties of any kind, either  express or implied, whether in statute, at law or on any other basis.

10.4   This clause will survive the termination or expiry of these Terms.

11      Liability

11.1   Despite anything to the contrary, to the maximum extent permitted by law:

(a)    you agree to indemnify us for any Liability we incur due to your  breach of the Intellectual Property clause of these Terms;

(b)  neither Party will be liable for Consequential Loss;

(c)    each Party’s liability for any Liability under these Terms will be  reduced proportionately to the extent the relevant Liability was caused  or contributed to by the acts or omissions of the other Party or any of  that Party’s personnel, including any failure by that Party to mitigate  its losses; and

(d)  our aggregate liability for any Liability  arising from or in connection with these Terms (including any Program)  will be limited to us repaying you the portion of the Price paid by you  to us for the Program the subject of the relevant claim.

11.2   This clause will survive the termination or expiry of these Terms.

12      Termination

12.1   These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a)   the other Party (Defaulting Party)  breaches a material term of these Terms and that breach has not been  remedied within 10 Business Days of the Defaulting Party being notified  of the breach by the Non-Defaulting Party; or

(b)  the Defaulting Party is unable to pay its debts as they fall due.

12.2    Should we suspect that you are in breach of these Terms, we may  suspend your access to the Program while we investigate the suspected  breach.

12.3   Upon expiry or termination of these Terms:

(a)   we will remove your access to the Program; and

(b)   you agree that other than where termination is due to our breach of  these Terms, and to the maximum extent permitted by law, any payments  made by you to us (including any Prices) are not refundable to you.

12.4    Where termination is due to our breach of these Terms, we agree to  refund you for any prepaid unused Fees on a pro-rata basis.

12.5   Termination of these Terms will not affect any rights or liabilities that a Party has accrued under these Terms.

12.6   This clause will survive the termination or expiry of these Terms.

13      Confidential Information

13.1   Subject to clause 13.2, you must:

(a)   keep confidential; and

(b)  not use or permit any unauthorised use of,

all Confidential Information.

13.2   Clause 13.1 does not apply where:

(a)   the disclosure is required by law; or

(b)   the disclosure is to a professional adviser in order to obtain advice  in relation to matters arising in connection with this Terms and  provided that you ensure the adviser complies with the terms of clause  13.1.

13.3   To the maximum extent permitted by law, you  indemnify, and continue to indemnify, us against all Liability we suffer  or incur arising from or as a consequence of a breach of this clause  13.

13.4   This clause will survive the termination or expiry of these Terms.

14      General

14.1   Assignment:  Subject to the below clause, 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 is not to be  unreasonably withheld).

14.2   Assignment of Debt: You  agree that we may assign or transfer any debt owed by you to us, arising  under or in connection with these Terms, to a debt collector, debt  collection agency, or other third party.

14.3   Entire Terms:  Subject to your Consumer Law Rights, these Terms contains the entire  understanding between the Parties and the Parties agree that no  representation or statement has been made to, or relied upon by, either  of the Parties, except as expressly stipulated in these Terms, and these  Terms supersedes all previous discussions, communications,  negotiations, understandings, representations, warranties, commitments  and agreements, in respect of its subject matter.

14.4   Force Majeure:  To the maximum extent permitted by law, we shall have no Liability for  any event or circumstance outside of our reasonable control.

14.5   Governing law and disputes: These  Terms are governed by the laws of Queensland. If any dispute or claim  (including any question regarding its existence, validity or  termination) arises out of or in connection with these Terms (Dispute), either Party may issue a notice to the other Party outlining the dispute or claim (Notice of Dispute).  Within 14 days of a Notice of Dispute, senior representatives of the  Parties must meet in good faith to resolve the Dispute by negotiation or  such other means as they mutually agree. Nothing in this clause will  operate to prevent a Party from seeking urgent injunctive or equitable  relief from a court of appropriate jurisdiction. If the Parties cannot  agree how to resolve the Dispute at that initial meeting, either Party  may:

(a) where you are incorporated, or as an individual or other  entity habitually located, in Australia, refer the matter to a mediator.  If the Parties cannot agree on who the mediator should be, either Party  may ask the Queensland Law Society to appoint a mediator. The mediator  will decide the time, place and rules for mediation. The Parties agree  to attend the mediation in good faith, to seek to resolve the Dispute.  The costs of the mediation will be shared equally between the Parties.  Each Party irrevocably and unconditionally submits to the exclusive  jurisdiction of the courts operating in Queensland and any courts  entitled to hear appeals from those courts and waives any right to  object to proceedings being brought in those courts; or

(b) where  you are habitually located, outside Australia, the Dispute is to be  resolved by arbitration in accordance with the Australian Centre for  International Commercial Arbitration (ACICA) Rules. The seat of  arbitration shall be Sydney, New South Wales. The number of arbitrators  shall be one. The costs of the arbitration will be shared equally  between the Parties and the determination of the arbitrator will be  final and binding.

14.6   Notices: Any notice given under  these Terms must be in writing addressed to us at the details set out  below or to you at the details provided when you submitted your order.  Any notice may be sent by standard post or email, and 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 by email.

14.7   Photographs:  We may film or photograph our events. You agree that you may be filmed  or photographed by us or our representatives when participating in an  event. You agree we may use your image and/or voice in any photographs  or videos we take for promotional purposes and no remuneration will be  payable to you for such use.

14.8   Privacy: Each Party  agrees 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.

14.9   Publicity:  You agree that we may advertise or publicise the fact that you are a  user of our Program, including on our website or in our promotional  material.

14.10 Severance: If a provision of these Terms is  held to be void, invalid, illegal or unenforceable, that provision is  to be read down as narrowly as necessary to allow it to be valid or  enforceable, failing which, that provision (or that part of that  provision) will be severed from these Terms without affecting the  validity or enforceability of the remainder of that provision or the  other provisions in these Terms.

14.11 Third party sites:  The Site (including any Program) may contain links to websites operated  by third parties. Unless we tell you otherwise, we do not control,  endorse or approve, and are not responsible for, the content on those  websites. We recommend that you make your own investigations with  respect to the suitability of those websites. If you purchase goods or  services from a third party website linked from the Site (including any  Program), such third party provides the goods and services to you, not  us. We may receive a benefit (which may include a referral fee or a  commission) should you visit certain third-party websites via a link on  the Site (including any Program) (Affiliate Link) or for  featuring certain products or services on the Site (including any  Program). We will make it clear by notice to you which (if any) products  or services we receive a benefit to feature on the Site (including any  Program), or which (if any) third party links are Affiliate Links.

15      Definitions

15.1   Consequential Loss  includes any consequential loss, indirect loss, real or anticipated  loss of profit, loss of benefit, loss of revenue, loss of business, loss  of goodwill, loss of opportunity, loss of savings, loss of reputation,  loss of use and/or loss or corruption of data, whether under statute,  contract, equity, tort (including negligence), indemnity or otherwise.

15.2   Intellectual Property  means copyright, registered or unregistered designs, patents or  trademarks, any domain names, know-how, inventions, processes, trade  secrets or confidential information; or circuit layouts, software,  computer programs, databases or source codes, including any application,  or right to apply, for registration of, and any improvements,  enhancements or modifications of, the foregoing.

15.3   Liability  means any expense, cost, liability, loss, damage, claim, notice,  entitlement, investigation, demand, proceeding or judgment (whether  under statute, contract, equity, tort (including negligence), indemnity  or otherwise), howsoever arising, whether direct or indirect and/or  whether present, unascertained, future or contingent and whether  involving a third party or a party to these Terms or otherwise.

 

For any questions or notices, please contact us at:



Email: support@theheadquarters.com.au

Last update: 3 February 2025
Disclaimer: Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website. You are solely responsible for your results.
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