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Lead with Heart in the Boardroom
a. These terms and conditions (Terms) govern the basis on which SM Safety Solutions Pty Ltd (ACN 169 774 038) t/as Samantha McGolrick (Company, we, or us) sells the “Lead with Heart in the Boardroom” program (the Program) to you the client (Client) through the website www.samanthamcgolrick.com (the Website)
b. Please read these Terms carefully before ordering any Program through the Website as your purchase of any Program offered on the Website is subject to these Terms.
c. Your use of all information, data files, text, graphics, images, photographs, materials appearing on the Website and as embodied in the Program (Company Content) which you may have access to as part of, or through your use of the Website is governed by these Terms.
d. You agree that these Terms apply every time you access the Website or purchase the Program through our Website.
e. These Terms are binding between you and us.
f. By accessing the Website or purchasing any Program from the Website (now or in the future), you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.
g. You agree that we may change and update these Terms from time to time and without notice to you. The most recent version of the Terms posted on our Website will apply and legally bind you. Using the Website subsequent to any changes to the Terms constitutes an Terms to be bound by the amended Terms. We recommend you review these Terms often and if you do not agree with any changes to the Terms, you should discontinue use of the Website
h. This Website is hosted in Australia.
i. In addition to the provisions of these Terms, there may also be specific and additional terms that apply to certain sections of the Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear.
j. For information about how the Company handles personal information collected through the Website, please see our Privacy Policy.
As part of the Program, the Company shall provide and maintain a password protected members area (Members Area) that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to the Members Area for as long as the Members Area exists, however no less than 120 days. In the event that the Company intends to close the Members Area, it shall provide clients with a 30 day notice and the ability to download the resources contained in the Members Area, which is what is referred to as “Lifetime Access” in our marketing materials.
Nothing in these Terms constitute a joint venture, agency, partnership or other fiduciary relationship between the Company and the Client.
In consideration of your access to the Program, you agree to pay the fees set out below.
You may choose between a single payment of $1,497 (payable on purchase) or a payment plan consisting of 3 monthly instalments of $597 each (Payment Plan). If you select the payment plan, you must pay the initial payment when you enroll/purchase the Program and you will be automatically charged the following 2 payments on a monthly basis, for a total payment of $1,791. If you opt for the monthly payment plan, you will remain responsible for those payments unless you obtain a refund according to the Refund Policy. You may not cancel or avoid these payments except through the Refund Policy. Should any payments not be made as agreed, the Company reserves the right to immediately suspend your access to the Program.
If you elect the Payment Plan, you hereby authorise the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your access to the Program will be removed.
If you do not request a refund within the terms of the Program with the required coursework at the time of your refund request, you are required to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorise us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. The Company provides a 28-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.
In order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 28 days of the first module being released, contact our support team at [email protected] and let us know you’d like a refund by the 28th day at 11:59 AEST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 28th day, you will not be granted a refund.
The work that you need to submit with your request for a refund includes ALL of the following items:
We will NOT provide refunds for any request that is submitted to us more than 28 days of the first module being released. After day 28, all payments are non-refundable and you are responsible for full payment of the fees for the Program regardless of whether you complete the Program.
Please note: If you opted for the Payment Plan and you do not request a refund within 28 days of the first module being released, with the required coursework at the time of your refund request, you are required to complete the remaining payments of your Payment Plan.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
In the event that you receive a refund of any purchase through the money-back guarantee, all licenses granted to you will be terminated with immediate effect. You must immediately cease using the material and must destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All decisions on refunds are discretionary and determined in the sole discretion of Samantha McGolrick. To further clarify, we will not provide refunds for requests made after the 28th day of the first module being released and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems regarding refunds, please let us know by contacting our support team directly. The support desk can be reached at: [email protected].
Company Intellectual Property Rights
The Company owns, or is licensed to use, the Intellectual Property Rights (see definition in par 16) in the Company Content.
You agree that you do not own or have any interest or claim to any Intellectual Property Rights in the Company Content.
You must not reproduce, customise, reverse engineer, decipher, decompile, modify, disassemble, or develop derivative works of the Company Content or allow others to do so or upload or re-post the Company Content to any other site on the internet without obtaining The Company’s prior written consent.
You must not:
a. use or reproduce the Company’s name, slogan or logo without its prior written permission;
b. gain or attempt to gain unauthorised access to the Company’s systems or networks;
c. access (or attempt to access) the Company Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper);
d. attempt to disguise the origin of any access (or attempted access) to the Website; or
e. use the Company Content for commercial gain by anyone.
You must not use the Website or any Company Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company.
You must not, through any act or omission, mislead or deceive others.
The Website may contain links to third party websites. We do not sponsor or endorse the operators or the content of any linked websites. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites or content appearing on such websites.
The Website provides general information only. Some parts of the Website and the Company Content is [may] provided by third parties
While the Company has taken reasonable steps to ensure the information provided on this Website is accurate and up to date, the Company does not warrant the reliability, accuracy, correctness or completeness of any of the Company Content or information provided on the Website. Users of the Website must rely solely on their own assessments and verification of the Company Content appearing on the Website.
Electronic services are subject to interruption or breakdown, and therefore access to the Website is offered on an “as is” and “as available” basis.
We do not guarantee that access to the Website will function as intended or be uninterrupted.
We do not represent or warrant that the Company Content on the Website, or the facilities that make it available, are free from any computer virus or any other defects or errors.
We may withdraw the Website at any time and without notice to you. We may limit or restrict the use you make of the Website.
All Company Content is provided without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that cannot be lawfully excluded, are excluded. All Company Content is subject to change without notice.
Subject to any responsibilities implied by law and which cannot be excluded, the Company and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Company Content on the Website, to any material on linked websites, or to your access or use of the Website, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.
Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible, at our option, to the supply of the Program or Services again, or the payment of the cost of having the Program or Services supplied again.
You agree to indemnify the Company in respect of any liability, loss, damage, cost or expense suffered or incurred us arising from or in connection with your breach of these Terms or your use of the Website.
The law applicable to the Website and to disputes arising from or in connection with the Website is the law of the State of New South Wales, Australia.
You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
Subject to any responsibilities implied by law and which cannot be excluded, the Company and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Company Content on the Website, to any material on linked websites, or to your access or use of the Website, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.
Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible, at our option, to the supply of the goods or services again, or the payment of the cost of having the goods or services supplied again
The meaning of the term Intellectual Property as used in these Terms is set out below:
Intellectual Property means all current and future intellectual and industrial property rights and interests throughout the world, whether registered or unregistered, including trademarks, designs, patents, inventions, copyright and analogous rights, circuit layouts, confidential information, trade secrets, know-how and other intellectual property rights as defined in Article 2 of the convention establishing the World Intellectual Property Organisation of 14 July 1967 as amended from time to time, and any right to apply for registration of, or any application for, such rights.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
FORCE MAJEURE
The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of this Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SEVERABILITY/WAIVER
If any term or provision of these Terms are found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
ASSIGNMENT
The Client may not assign the rights or liabilities under these Terms without the express written consent of the Company.
MODIFICATION
The Company may modify these Terms at any time. All modifications shall be posted on the Website and Clients will be notified.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if you become disruptive to the Company or other Program participants, if you fail to follow the Program guidelines or if you otherwise violate these Terms. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a Payment Plan in the event of such termination.
If you require further clarification, please contact [email protected].
© SAMANTHA MCGOLRICK
Last Updated: September 2020
Every month I’ll email you a little food for thought on governing and leading culture, systems change, well-being and health & safety so that you can use your influence to improve the health, happiness and resilience of society, and in doing so, find even more meaning in your board role, and build a legacy you can be proud of.
Every month I’ll email you a little food for thought on governing and leading culture, systems change, well-being and health & safety so that you can use your influence to improve the health, happiness and resilience of society, and in doing so, find even more meaning in your board role, and build a legacy you can be proud of.
Every month I’ll email you a little food for thought on governing and leading culture, systems change, well-being and health & safety so that you can use your influence to improve the health, happiness and resilience of society, and in doing so, find even more meaning in your board role, and build a legacy you can be proud of.