MASTERCLASS TERMS & CONDITIONS

OVERVIEW

This Masterclass is owned and operated by Rachel Dickey ABN 80 288 957 900 trading as Proud Peacock.

Please read these Terms and Conditions (‘Terms’) carefully before you purchase or otherwise access our online Masterclass (‘Masterclass’). These Terms, along with our Site Terms and Conditions and our Privacy Policy (‘the Terms’), govern your access to and participation in the Masterclass.

By accessing the Masterclass, you:

1. acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
2. warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.

We reserve the right to 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 initial use as well as periodically throughout your use of our Masterclass. If at any time you choose not to accept these Terms, you should discontinue your use of our Masterclass.

By continuing to access this Masterclass, you are deemed to accept any future amendments to these Terms. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase. 

MASTERCLASS ACCESS 

You may apply to access the Masterclass by completing the application form and paying the Masterclass Fee on our Site www.racheldickey.com.au (‘Site‘). You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Masterclass if we suspect that such information is inaccurate or incomplete. We also reserve the right to deny your Masterclass application for any reason.

Your access to the Masterclass commences when your application has been accepted by us, or a date specified on our Site, and you pay the price as displayed on our Site and in accordance with these Terms (‘Masterclass Fees’). Your Masterclass continues until terminated under these Terms or the Masterclass is discontinued. We will provide you with 30 days’ notice should we plan to discontinue the Masterclass.

To access the Masterclass, you may be required to create an account. In doing so, you must provide accurate information, including your name, your She's in Business (if applicable), address, a valid email address and contact number. You must also be at least 18 years old. You agree to update this information if and when it changes. You are solely responsible for the activity that occurs on your account, so please keep your account password secure. 

MASTERCLASS FEES

The Masterclass Fees are payable in full upfront. Where applicable you authorise us to automatically charge the card on file at the start of each billing period for the following year or month’s Masterclass, and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, you must provide a new eligible method of payment immediately or we may suspend or revoke your access to the Masterclass. You will be liable for all outstanding payments, including any costs incurred by us trying to recoup the outstanding Masterclass Fees such as debt collection agency costs, including any legal costs on any Masterclass Fees that remain outstanding.

You acknowledge and accept that should we decide to increase our Masterclass Fees, you will incur the increase automatically at the start of your next billing period. We will provide you with 30 days’ notice should we plan to increase our Masterclass Fees, and should you choose to cancel your Masterclass as a result, you may do so in accordance with our Cancellation Policy.

REFUNDS AND CANCELLATIONS

The Masterclass 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.

COMPLAINTS

We are committed to your enjoyment of and satisfaction with the Masterclass. Should you have any concerns or be dissatisfied in any way, please contact us via our Contact Form www.racheldickey.com.au and include:

1. your name;
2. the email address you used to apply for the Masterclass;
3. details of your concern or complaint;
4. details of what you would like us to do to resolve the matter; and 
5. copies of any relevant correspondence.

We will acknowledge your complaint within 3 business days and aim to resolve it within 30 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

INTELLECTUAL PROPERTY RIGHTS

As part of the Masterclass, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, webinars, digital products and other content (‘Materials’). We retain ownership of all Intellectual Property Rights (including copyright) in the Masterclass and the Materials.

To the extent required for participation in the Masterclass, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials for your own personal use, and you agree not to:

1. modify the Materials; 
2. copy or share the Materials or in any way cause or allow them to be copied or shared; 
3. assign or transfer your Masterclass of the Masterclass to any other person without our express written consent; or
4. sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by, third parties.

Your use of the Materials may also be subject to our Site Terms and Conditions and Privacy Policy.

If you infringe our Intellectual Property Rights, we reserve the right to terminate your access to the Masterclass and the Materials without refund and pursue legal remedies. 

For any intellectual property that you provide us with through your Masterclass (‘Member Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Member Content (including distribution for promotional purposes). By participating in the Masterclass, you grant us a non-exclusive, irrevocable, royalty-free, perpetual licence to use and reproduce your Member Content at our discretion.

MASTERCLASS PROMOTION

Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.

You acknowledge that part of your Masterclass may include recording (in audio and/or video format) your participation in the Masterclass, where you may feature prominently. These recordings are both for the purposes of providing the Masterclass and for us to use in our promotional material to market the Masterclass. You consent to our use of these recordings without restriction, including but not limited to our ability to modify, publish, reproduce or distribute them at our discretion.

TERMINATION

We reserve the right to terminate your access to the Masterclass with immediate effect if:

1. you do not pay the Masterclass Fees when due;
2. you infringe our Intellectual Property Rights;
3. you engage in conduct that is injurious or potentially harmful to our reputation;
4. you disclose Confidential Information without consent;
5. your actions are contrary to our interests; 
6. we consider that mutual trust and/or confidence no longer exists; or
7. you fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms.

If we terminate your access to the Masterclass, we may, at our sole discretion, refund any prorated balance of the Masterclass Fee already paid by you.

CONFIDENTIALITY

You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. This also applies to the privacy and confidential information of other Members. We will not disclose any information you provide except as set out in these Terms. 

However, these obligations of confidentiality do not apply to any disclosure that:

1. is for the purpose of performing the Terms or exercising a party’s right under the Terms;
2. is required by Applicable Law; or
3. relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.

PROHIBITED USE

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

1. for any unlawful purpose; 
2. if you or your business in any way competes with our business;
3. to solicit others to perform or participate in any unlawful acts; 
4. to violate any international, federal, or state regulations, rules, laws, or local ordinances; 
5. to attempt to change, remove,  or otherwise interfere with the Masterclass or any of its Materials; 
6. to infringe upon any other person's proprietary rights; or
7. to send any unsolicited advertising or promotional material, commonly referred to as 'spam'.

WARRANTIES AND INDEMNITIES

We provide the Masterclass and its content on an ‘as is’ basis, and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible. 

You agree that you engage in the Masterclass at your own risk.

Except as expressly permitted by law, we cannot be held liable for:

1. any loss or damage that you may suffer as a result of your participation;
2. your inability to participate in the Masterclass for any reason;
3. your failure to maintain the security of your login details that enable you to access the Masterclass;
4. the statements or conduct of any third party; or
5. your reliance on the suggestions or recommendations of any third party or Masterclass participant.

You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Terms. 

INFORMATION AND ADVICE

Any content or information provided in the Masterclass is of a general nature only and does not constitute professional advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Masterclass. No part of the Masterclass is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional. 

You are responsible for determining whether the Masterclass is right for you. We reserve the right to terminate or suspend your access to the Masterclass at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.

Any reference to other products or services, programs, Masterclasss, processes or other information appearing within the Masterclass does not constitute or imply our endorsement, sponsorship or recommendation in any way.

PRIVACY POLICY

When you apply to take part in the Masterclass, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about your health or finances).

Your privacy is extremely important to us. We will only use your personal information in order to provide you with the Masterclass Entitlements and to communicate with you about the Masterclass. Where you wish to withdraw your consent from email communications, you may simply unsubscribe. Your information will be dealt with in accordance with our Privacy Policy, which is accessible on our website.

ELECTRONIC SIGNATURE

These Terms will become binding when you agree to these Terms, including by clicking 'I consent' or 'I agree' or similar, or by purchasing and/or commencing the Masterclass.

VALIDITY

Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. 

ASSIGNMENT

You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without your consent.

ENTIRE AGREEMENT

These Terms constitute our entire agreement with you about the Masterclass and supersede all previous agreements, understandings and negotiations.

GOVERNING LAW AND JURISDICTION

The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.