1. About the Website
- Welcome to powerful-steps.com (the ‘Website‘). The Website provides you with an opportunity to browse and purchase a variety of online courses, programs and workshops that have been listed for sale through the Website as well as browse and purchase the services of Powerful Steps (the ‘Products & Services‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
- The Website is operated by Powerful Steps Pty Limited (ACN: 61 504 900) t/a Powerful Steps of Level 2, 55 York Street Sydney New South Wales 2000 (‘Powerful Steps’). Access to and use of the Website, or any of its associated Products & Services, is provided by Powerful Steps. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Products & Services, immediately.
- Powerful Steps reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Powerful Steps updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Powerful Steps in the user interface.
3. Personal Information
- When purchasing a Product or Service, you may be required to provide personal information such as your name, address and e-mail address.
- You agree that all details that you have provided in completing the purchase are true and correct.
4. Purchase of Products & Services
- In using the Purchase Services to purchase the Products & Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Products & Services (the ‘Purchase Price‘).
- Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the ‘Payment Gateway Providers‘).
- Following payment of the Purchase Price being confirmed by Powerful Steps, you will be issued with a receipt to confirm that the payment has been received and Powerful Steps may record your purchase details for future use.
- You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
- Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
5. Confidence to Pitch Workshop
- Powerful Steps requires all bookings and purchases for the online Confidence to Pitch Workshop (the ‘Workshop’) to be made via the booking system available on the website (the ‘Booking System’).
- If you choose to purchase the Workshop you will be bound by the purchase terms and conditions provided at the point of purchase.
- If you choose to purchase the Workshop Powerful Steps agrees to perform the services for you in an online format, for the fees and on the date/s as set out on the Workshop information page and payment page.
- Powerful Steps offers a money back guarantee for the Workshop that is valid for 7 days after attendance at the Workshop (‘the 7 Day Money Back Guarantee”).
- Subject to clauses 5.8 and 5.9, at the end of the 7 Day Money Back Guarantee, the Workshop is non-refundable. This means if you wish to terminate your involvement after the 7 days have elapsed, you will not be provided with a refund.
- If you are no longer able to attend your original booking date for the Workshop, Powerful Steps may at its sole discretion, and depending on availability, allow you to alter your booking to allow you to participate in the Workshop on an alternative date. Any request to alter your booking must be made in writing to firstname.lastname@example.org at least 14 days prior to the Workshop commencement date.
- If the Workshop is cancelled by Powerful Steps before the scheduled start date and time, for any reason whatsoever, you will receive a full refund of the fees. Alternatively, and depending on availability, you may transfer your booking to allow you to participate in the Workshop on an alternative date.
- Powerful Steps may reschedule the Workshop at any time. If you are not able to attend the new date, you will be provided with a full refund of the fees.
- Powerful Steps will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of the Workshop.
- Powerful Steps requires all bookings and purchases for tickets to Events (the ‘Event’) to be made via the booking system available on the website (the ‘Booking System’).
- If you choose to purchase tickets to an Event you will be bound by the purchase terms and conditions provided at the point of purchase.
- If you choose to purchase tickets to an Event Powerful Steps agrees to perform the services for you in person, for the fees and on the date/s as set out on the Event information page and payment page.
- If an Event is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, refunds or partial refunds may be issued or you may transfer your ticket to an alternative date. Powerful Steps will communicate with ticket holders directly.
- Powerful Steps will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an Event.
- With the exception of clause 6.5 above, ticket purchase fees are not refundable in any other circumstances.
- Tickets may be transferred to another individual. To do this you must advise Powerful Steps of the transfer in writing by email to email@example.com
7. Brand Power Masterclass
- Powerful Steps requires all bookings and purchases for the online Brand Power Masterclass (the ‘Masterclass’) to be made via booking system available on the website (the ‘Booking System’).
- If you choose to purchase the Masterclass you will be bound by the purchase terms and conditions provided at the point of purchase.
- If you choose to purchase the Masterclass Powerful Steps agrees to perform the services for you, for the fees, and on the date/s as set out on the Masterclass information page and payment page.
- Powerful Steps offers a money back guarantee for the Masterclass that is valid for 7 days after purchase of the Masterclass (‘the 7 Day Money Back Guarantee”).
- You must notify Powerful Steps of an intention to cancel the Masterclass as soon as practicable through e-mail to firstname.lastname@example.org and abide by the following (‘Cancellation Policy’).
- After the 7 day money back guarantee period has ended the Masterclass is non-refundable. This means that if you wish to terminate the Masterclass early, the Purchase Price is non-refundable.
- If you are paying through a payment plan, you are required to make all outstanding payments of the Purchase Price within 7 days of termination.
- Powerful Steps may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
- Powerful Steps reserves the right to terminate your involvement in the Masterclass for breach of these Terms with 7 days’ notice by e-mail.
- If Powerful Steps terminates your involvement in the Masterclass, you agree to pay Powerful Steps for the portion of the services completed up to the date and time of termination. If you are paying through a payment plan, you are required to make all outstanding payments of the Purchase Price within 7 days of termination.
8. Delivery of the Masterclass and License Information
- The Masterclass purchase grants to you access to the Masterclass through the Kajabi Member Portal (the ‘Member Portal’).
- When you purchase the Masterclass through the Website, Powerful Steps grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the Masterclass and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).
- The Licence is valid for the Masterclass term of 90 days (‘Licence Term’). This means the Masterclass will be viewable via the download link for the Licence Term only. After this time the Masterclass will expire and you will no longer be able to access the Masterclass.
- The Masterclass is intended for use in a single household within the licence Term only. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Masterclass materials, booklets, and access to any other aspect of the Masterclass.
9. Business Attraction Program
- Powerful Steps requires all bookings and purchases for the online Business Attraction Program (the ‘Program’) to be made via booking system available on the website (the ‘Booking System’).
- If you choose to purchase the Program you will be bound by the purchase terms and conditions provided at the point of purchase.
- If you choose to purchase the Program Powerful Steps agrees to perform the services for you, for the fees, and on the date/s as set out on the Program information page and payment page.
- Powerful Steps offers a money back guarantee for the Program that is valid for 7 days after purchase of the Program (‘the 7 Day Money Back Guarantee”).
- After the 7 day money back guarantee period has ended the Program is non-refundable. This means that if you wish to terminate the Program early, all unpaid amounts of the Purchase Price are non-refundable.
- Powerful Steps will only provide you with a refund of the Purchase Price after the 7 day money back guarantee period in the event that Powerful Steps is unable to continue to provide the Program Services (the ‘Refund‘).
- You must notify Powerful Steps of an intention to cancel the Program as soon as practicable through e-mail to email@example.com and abide by the following (‘Cancellation Policy’).
- If you are unable to attend a group session you will not receive a refund.
- Both Parties agree to reschedule one-on-one sessions in writing.
- Powerful Steps understands that things change, and therefore if you need to make a request to alter your one-on-one session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Purchase Price involved.
- Powerful Steps may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
- Powerful Steps reserves the right to terminate your involvement in the Program for breach of these Terms with 7 days’ notice by e-mail.
- If Powerful Steps terminates your involvement in the Program, you agree to pay Powerful Steps for the portion of the services completed up to the date and time of termination.
10. Participation in the Business Attraction Program
As a participant in the Business Attraction Program (Participant), you expressly agree that you will not, through any means:
- harm, harass, hassle or abuse other Participants; or
- send un-welcomed communication such as spam to other Participants; or
- act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
- infringe the intellectual property or privacy rights of any Participant or any third-party.
- Powerful Steps, at its discretion, reserves the right to remove, edit or alter any content created by you or on any platform utilised in the delivery of the Program.
- Powerful Steps retains the right to deny you access to the Program at any time for breach of this Agreement.
- Powerful Steps will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Powerful Steps makes no warranty that the Products & Services will meet your requirements or that all clients will achieve the same results.
- The Products & Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a Product, you are entitled to cancel your contract with Powerful Steps and are entitled to a refund for the unused portion, or to compensation for its reduced value. For major failures with the Service, you are entitled to cancel your contract with Powerful Steps, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with a service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
12. Products and Services Disclaimer
- You agree that when you purchase a Product or Service, including participation in the Workshop, Masterclass, Program or Mentoring Program you are solely responsible for creating and implementing your own career, business, physical, mental and emotional well-being, decisions, choices, actions and results arising out of the Products and services or resulting from Powerful Step’s relationship with you, its educational materials and interactions with you. As such, you agree that Powerful Steps is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Products & Services it provides.
- You understand that in order to enhance the relationship and sessions with Powerful Steps, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.
13. Information Disclaimer
- Any information, advice, content or documentation provided on the Website, through the Products & Services, social media accounts, podcast, blog or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
- All care is taken in the preparation of the information and published materials on the Website, through the Products & Services, social media accounts, podcast, blog, or on any other related platform. Powerful Steps does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
- To the extent permissible by law, Powerful Steps will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Products & Services, social media accounts, podcast, blog, or on any other related platform.
14. Copyright and Intellectual Property
- The Website, the Purchase Services and all of the related Products & Services of Powerful Steps are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright and trademarks) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes and are reserved by Powerful Steps or its contributors.
- Powerful Steps retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Powerful Steps; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Powerful Steps and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
16. General Disclaimer
- You acknowledge that Powerful Steps does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products & Services other than provided for pursuant to these Terms.
- Products & Services descriptions posted on Powerful Step’s Website are used as an indication of the Products & Services rather than an actual representation. Powerful Steps accepts no responsibility for inaccurate information supplied to you.
- The website may contain technical inaccuracies or typographical errors or omissions. Powerful Steps is not responsible for typographical, pricing, Product &Services information or advertising.
- Advertised prices and availability are subject to change without notice. Powerful Steps reserves the right to make changes, corrections and/or improvements to the Website, and to the Products & Services described in such information, at any time without notice.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Powerful Steps will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the Products & Services of Powerful Steps is at your own risk. Everything on the Website, the Purchase Services, and the Products & Services of Powerful Steps, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Powerful Steps make any express or implied representation or warranty about its Content or any Products & Services or Purchase Services (including the Products & Services or Purchase Services of Powerful Steps) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products & Services;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
17. User Generated Content
- If you choose to contribute any content to the Website or any other platform operated by Powerful Steps, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
- By contributing content to the Website, you grant Powerful Steps a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Powerful Steps.
- Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Powerful Steps can use that information with your User Content for advertising and promotional purposes, or any other business purpose.
- You confirm you own or have the right to use any copyright material included in Your Content (including replies to Powerful Steps social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Powerful Steps. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
- Please ensure you keep your own copies of Your Content as Powerful Steps may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
- Powerful Steps will endeavour to provide you with an appropriate credit when using Your Content on Powerful Steps platforms, though you understand and agree this may not always be possible.
- Powerful Steps reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
18. Mailing List Registration
- You will be given the option to register for the Powerful Steps Mailing List (the ‘Mailing List‘).
- As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from Powerful Steps.
19. Limitation of Liability
- Powerful Step’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Powerful Steps is the resupply of information or Purchase Services to you.
- You expressly understand and agree that Powerful Steps, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Powerful Steps is not responsible or liable in any manner for any site content (including the Content and any Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Powerful Steps, by third parties or by any of the Purchase Services offered by Powerful Steps.
- You agree to indemnify Powerful Steps, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
21. Venue and Jurisdiction
- In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
22. Governing Law
- The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
23. Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.