Terms &  Conditions of Sale

By accessing www.cassandraduffill.com.au, members.cassandraduffill.com, gutrecovery.cassandraduffill.com, or cassandraduffill.simplero.com (“website”), listing goods and services for sale or purchasing the goods and services offered by the Seller (Cassandra Duffill, Users (you the customer) agree to be bound by the following terms and conditions (“Agreement”):

Variation, Termination, Inclusion

By using the website, Users confirm that they have the full power and authority to enter into and perform in accordance with the terms of this Agreement. Cassandra Duffill and Users also agree that this Agreement is legal, valid and binding, and that its terms and conditions can be enforced

Cassandra Duffill and Users understand that any breach of this Agreement may lead to termination of the Agreement and further action, including legal proceedings.

Cassandra Duffill may change the terms in this Agreement as deemed necessary, without notice.

Cassandra Duffill and Users agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Cassandra Duffill and discontinue your use of the website. If you use the website after Cassandra Duffill has posted a change to these terms on the website, you are agreeing to be bound by all of the changes.

This Agreement must be read in conjunction with the Privacy Policy and is taken to include its terms to the extent that those terms are not inconsistent with the terms of this Agreement.

Legal Form & Choice of Law

By doing business with Cassandra Duffill (accessing the website, purchasing of Products and Services offered by Cassandra Duffill) Users and Cassandra Duffill agree that:

They have entered into a contract as per law in Gold Coast, Queensland, Australia and that appropriate legal forum for any action arising out of this agreement shall be a court sitting in Brisbane, Queensland Australia for any action in which the jurisdiction by virtue of the action is the Local Court or District Court of Queensland, and that this contract shall be governeed by the laws of Queensland.

In addition to complying with all restrictions on conduct and content, Cassandra Duffill and Users are responsible for adhering to all local and national laws that pertain to their location, wherever they are.

SALE

Cassandra Duffill accepts no liability to Users for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from you access to, use of, inability to access or reliance on the website or at the event.

While Cassandra Duffill attempts to ensure the accuracy of information provided on the website, Cassandra Duffill does not guarantee the accuracy of information, the suitability of products, or anything else.

The website, and all other goods and services produced or supplied by Cassandra Duffill come “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

Users must rely on their own enquiries as to the accuracy of information provided on the website, including but not limited to venue, speakers, program, seating arrangements and audience capacity.

Cassandra Duffill makes no warranty or representations regarding any company, individual, website or organisation mentioned on the website, any links from the website, or the goods or services offered through the website.

PAYMENT

Payment for goods and services purchased from Cassandra Duffill is by way an internet secure payment system sourced from a third party. Please refer to Stripe’s terms and conditions of the third party for particulars regarding the transaction.

All prices are inclusive of GST for Australian customers unless otherwise stated. A Tax invoice for purchases will be automatically provided.

REFUNDS

Refunds do not apply for purchase of e-courses, programs and digital products available and sold on this website.

Refunds do not apply to event, retreat, immersion ticket purchases.

Specific refund terms and conditions may apply for certain events, courses and programs. Please review the specif terms on the particular page or purchase document.

COPYRIGHT AND TRADEMARK INFRINGEMENT

Cassandra Duffill owns all content on this website, members.cassandraduffull.com, and gutrecovery.cassandraduffill.com.

Any unauthorised use of any portion of the content on owned websites, will be an infringement of Cassandra Duffill copyright and trademarks.

Unauthorised use of copyright material will be met with legal action.

All Users agree that they will be liable for any unauthorised use of Cassandra Duffill copyrights and trademarks.

PRIVACY POLICY

Please refer to the Privacy Policy for details on how I collect and use your personally identifiable information.

MISCELLANEOUS

Each party to this Agreement shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers, except for obligations to make payments here-under. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, labour disturbance or shortage, failure or delay in transportation, act of any government affecting the terms of this Agreement, accident, fire, explosion, flood, severe weather or other act of God.

This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venture of the other party for any purpose whatsoever.

The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.

Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.

Cassandra Duffill may at her discretion suspend or terminate operation of the website for maintenance or other reasons. In addition, technical and other issues may make the Cassandra Duffill  website unavailable from time to time. Cassandra Duffill makes no commitment, warranty or guarantee that the website will operate in a timely, uninterrupted or error-free manner, or that the website will meet Cassandra Duffill’s or User’s purposes. Cassandra Duffill may also in its discretion modify the features, availability, operation and/or look and feel of the website from time to time without notice to our users.

All provisions of this Agreement relating to payment, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.

If any part of this Agreement is unenforceable, the unenforceable part shall be severed to the extent that it is unenforceable, and the remainder enforced to its full effect.

If you have any queries contact Cassandra Duffill at hello@cassandraduffill.com

Business / Marketing Mentoring, Coaching & Business Support

Terms & Conditions

Cassandra Duffill, Soul Aligned Marketing & Create & Elevate (and derivatives of those names), are trademarked entities.  Our ABN is 33 184 230 693.  Our website address is: https://cassandraduffill.com.

Although I am personally facilitating the events and presentations, the legal entity by which I operate is Cassandra Duffill (ABN, 33184230693).

Please take some time to read through the information below carefully. The purpose of these Terms & Conditions is to clarify the roles and expectations for our relationship moving forward so we can both be in alignment during our time working together.

These Terms & Conditions contain the entire agreement between You and Me (Cassandra Duffill)  with respect to the subject matter of the contracted services and agreement. Both of us agree that this document supersedes any prior agreement or understanding (if any) between the us.

To request amendments to, or to gain clarification about, this agreement, please hello@cassandraduffill.com

1. DURATION OF SERVICES
   1. Create & Elevate mentoring is a 6 month service commencing from the start date (as agreed, within one week of your invoice/payment date) and ending 6 calendar months after.  The program is not extended for any reason and ends exactly 6 calendar months from the date of the first session/Kick Off call.
2. CONTRACTED SERVICES
   1. Create & Elevate is a 6 month Business Marketing Mentoring Package that includes:
      1. Business and Personal development mentoring
      2. Marketing & Business Strategy mentoring
      3. Online training
      4. 1:1 coaching via Zoom, maximum 1 per week but timed to suit your progress, often fortnightly
      5. support in between sessions via email
      6. THIS SERVICE DOES NOT INCLUDE ANY TECH, DONE FOR YOU, OR DESIGN SERVICES
3. INTERPRETATION
   1. In the interpretation of this Agreement:
      1. singular includes plural and vice versa;
      2. references to a person include a corporation, association, partnership, Government Authority, or any legal entity;
      3. references to statutes include statutes amending, consolidating or replacing the statutes referred to and all regulations, orders in council, rules, by-laws and ordinances made under those statutes;
      4. covenants by each party include an obligation to procure compliance by each of the parties’ employees and all other persons under the control of that party;
      5. where a party consists of more than one person the covenants on the part the party bind each two or more persons jointly and each person severally. The release of one of the persons from an obligation does not release any other person who may be jointly liable;
      6. any undertaking by a party not to do any act or thing is taken to include an undertaking not to permit or suffer the doing of the act or thing;
      7. a reference to anything after the words “includes” or “including” does not limit what else might be included.
4. EXPECTATIONS
   1. A 6 month working commitment is required by you.
   2. Every business and person is different, so we cant guarantee results. But we can guarantee you will grow in some way personally, professionally or in business.
   3. Results will depend on your time, effort, energy and commitment. And as such you understand that this is reasonable.
   4. I am available to you for quick question support via email for the duration of this agreement.
   5. I will make every effort to respond to your questions within 24 hours, between 9am to 5pm Monday to Friday. I do generally have Monday’s off & appreciate your patience with questions sent on Mondays.  I am not obligated to answer or respond to phone calls, text messages, social media messages or messages delivered in ways other than those outlined as included in our agreement.  Nor am I obliged to respond outside of my business hours 9am to 5pm AEST Monday to Friday).  I am also not obligated to provide services not outlined in this agreement – for example but not limited to tech, design or funnel building.
   6. Pricing and service offering is valid for the term of the agreement. I am not under any obligation to maintain the same offer or pricing should the Client wish to extend the term of service or sign up at a later date.
   7. Disclosure of accurate and honest information requested by me about your business and is required to ensure advice and strategies provided are useful and applicable; Any questions or concerns must be brought to my attention so they may be resolved as quickly as possible;
   8. You acknowledge your choices, decisions, actions and results between sessions are your sole responsibility; Agree that the I am not and will not be liable for any actions or inaction, or for any direct or indirect result of any services that I provide;
   9. I will do my best to carry out the contracted services in a high quality manner, using all my skills and expertise from business and marketing qualifications, coaching, business mentoring, naturopathic experience, and qualifications.
5. EXCLUDED SERVICES
   1. Unless otherwise agreed, I am not required to supply any excluded services. Excluded services include but may not be limited to:
      1. Physical product creation;
      2. Medical, Clinical or Patient advice;
      3. Networking on behalf of, or representing, the client;
      4. Financial or Legal advice;
      5. Management of employees or external contractors;
      6. Business administration;
      7. Any “done for you” services
6. DISCLAIMER
   1. I make no guarantees and you accept that given the nature of the services I provide, the results experienced by every client will differ. You accept responsibility for any such variance.
7. INTELLECTUAL PROPERTY, DESIGN & IDEAS
   1. I own all Intellectual Property in designs and content in the course, or arising out of, the work.
   2. I own all intellectual property including all course materials, it is provided to you for educational purposes, you must not use it commercially. If you have any concerns whether a particular use is allowable then please contact us at first.
   3. You give us permission to take photos on retreat or live events and;
   4. If you see a particular image you do not give us the right to use, you have the option to refuse on the individual image.
   5. You give us the right for the full and unconditional use, to use these photos in our marketing, without having to pay you for these.
8. CONFIDENTIALITY
   1. In working together, it is extremely important that the relationship is built on trust. As such I am committed to the utmost confidentiality. All information (written or verbal) that you share with me, and vice-versa, as part of this relationship will be kept confidential unless disclosure is required for staff, external parties or sub-contractors to fulfil services as part of this agreement, or if required by law (such as fear for your or another person’s safety or through a court order or subpoena).
   2. I agree to keep details of all sessions, strategies and plans, content, ideas, passwords, logins, client information, and associated data that is shared for purposes required to complete the contracted services confidential during and after the period of this agreement.
   3. As is the nature of mentoring, this relationship of trust extends to other clients / participants within the group online setting (should we include a group component), and you agree to keep these conversations, ideas, plans and information to the utmost confidentiality. It is essential you respect the privacy of all other participants.
   4. We may share the nature of the meetings or requests with another professional for the purpose of me seeking advice or guidance on how to best be of service.
   5. If meetings are being recorded, I will inform you of this fact. Please contact me if you do not wish this to occur.
   6. You agree not to transfer or disclose the details of this agreement to any third-party.

   While we will do our best to maintain security and confidentiality of all information shared, we take no responsibility for the security of information shared via third party platforms such as Facebook, Messenger, Zoom or Email.

    PAYMENTS & REFUNDS

   1. By agreeing to these terms you are indicating you are financially capable of investing in this consulting and service agreement and that you are in no way undertaking economic hardship to participate.
   2. Upfront billing applies to those who wish to pay in full.
   3. Monthly billing applies to payment plans attached to this agreement.
   4. Payments are made via Stripe (a third party payment gateway).
   5. Payments include 10% GST for all Australian residents.
   6. Payments are quoted and billed in Australian Dollars.
   7. I am not obliged to maintain delivery of services until the fees are paid in full, or paid in full for the month.
   8. Failure to pay the due monthly fees prior to the due date, will forfeit your place in the program.
   9. All fees are due, regardless of your participation in the program or use of the materials and training provided.
   10. Due to the nature of the services provided, refunds do not apply to services that have been fulfilled as outlined in this agreement.
   11. The breakdown of this payment is for your convenience only. Even if you decide to leave the coaching services before its completion, by signing up you are committing to pay the full fee and you will be obligated to pay all remaining fees in full.
   12. If you chose to not partake in a portion of the mentoring program, you are still legally obligated to pay the full mentoring course price.
   13. No refunds will be offered for the price you signed up for if it differs from a promotional price.
       

       LATE FEES
       1. You are responsible to ensure payments are made on time.
       2. Please note that a 3 day grace period is allowed, at which point a second attempt to charge will be made.
       3. I reserve the right to withhold service until such time as the due fees are paid in full. 
       4. If your account is beyond 7 days overdue your access to the service and course materials will be cancelled until payment is received 
       5. If your account is beyond 14-days overdue and services have been delivered, I reserve the right to turn the account to collections, at which time this agreement will be terminated and you will not have access to the course content, membership, or live events.

        

       WORKS & COMPLETION
       1. In consideration of you paying the due fees, I will do the work referred to in this agreement. I agree to complete the work outlined in this contract on the dates agreed to.

       AMENDMENTS
       Additional consultations or service requests will incur fees. Any additional fees that may apply will be in writing prior to commencement and will require agreement to changes in writing via email.

       ROLE
       Myself and associated staff and contractors are not employees or servants of you, but an independent contractor.

       CANCELLATION & TERMINATION

       1. Either party can terminate this agreement at any time however termination does not include a refund of any money paid, nor a cancellation of any money owing.
       2. Termination from either party must be completed in writing via email
       3. To preserve the harmony of my mentoring service, I reserve the right to suspend or terminate your services at any time.
       4. In the event of cancellation, all access to content and services will be revoked.
       5. All outstanding prospective monthly fees must be paid by you in full within 30 days of cancellation.

        WARRANTY & INDEMNIFICATION

   1. The contracted services will at all times be carried out:
      1. diligently;
      2. with proper care and skill; and
      3. in accordance with the terms of this agreement;
   2. You indemnify Cassandra Duffill against all claims for any kind of legal relief whatsoever arising in any way out of or in connection with:
      1. the carrying out of, or failure to carry out the contracted services; or
      2. any breach of this agreement.
   3. The indemnity does not apply to the extent that any claim is caused by the negligence or a breach of this agreement by myself.

      DISPUTE RESOLUTION

      1. Subject to the provisions of this agreement, any dispute arising out of, or in connection with, this agreement must be resolved in accordance with this clause. A dispute, as referenced in this agreement, is classified as an issue that cannot be resolved between the two parties amicably. Should any issue arise between the parties, the first process is to document and discuss the issue to attempt to come to an agreed resolution. If an agreement cannot be made, the parties must refer the dispute to mediation by a Queensland Law Society Approved Mediator agreed by the parties or failing agreement appointed by the President of the Society on the terms of the standard mediation agreement approved by the Queensland Law Society. The reference to mediation commences when any party gives written notice to the other specifying the dispute and requiring its resolution under this clause. Any information or documents obtained as part of the reference under this sub-clause must not be used for any purpose other than the settlement of the dispute under this sub-clause. If the Dispute is not resolved within thirty (30) days of the commencement of the reference under this clause either party may then, but not earlier, commence proceedings in any court of competent jurisdiction.
      2. Any mediation under this clause will be held at offices in Brisbane nominated by the Queensland Law Society unless the parties otherwise agree.
      3. Each party will continue to perform this Agreement (other than in respect to the matters which are in dispute) notwithstanding the existence of a Dispute or any proceedings under this clause.
      4. Unless a party has complied with the mediation procedure provided for in this clause for resolution of disputes that party may not commence court proceedings relating to any dispute, except where that party seeks urgent interlocutory relief.
      5. Where a party fails to comply with the mediation procedure provided for in this clause any party in dispute with the party so failing to comply with this clause need not to comply with this clause before commencing court proceedings relating to the Dispute.
9. LIMITATION OF LIABILITY
   1. Liability for the services provided by Cassandra Duffill  is governed solely by Australian Consumer Law and this agreement. Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.
   2. Except for your Statutory Rights, all materials and services is provided to you without warranties of any kind, either express or implied.
   3. To the extent permitted by law, Cassandra Duffill  excludes all express or implied representations, conditions, guarantees, warranties and terms relating to any services except those set out in this Agreement, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in this agreement.
   4. Cassandra Duffill guarantees all services and advice are supplied to the Client with due care and skill.

      GOVERNING LAW

10. 1. The Terms and Conditions in this Agreement are governed and construed in accordance with the laws of Queensland, Australia.
    2. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of Queensland, Australia.
11. WAIVER
    1. No failure or delay on the part of a party to exercise any right power or remedy operates as a waiver nor does any single or partial exercise of any such right power or remedy preclude any other further exercise of them or the exercise of any other further exercise of them or the exercise of any other right power or remedy.

By checking the “Accept Terms & Conditions” check box at the online checkout, you confirm you have read, understand, accept and will abide by these Terms & Conditions.

Should you have any concerns or questions about these Terms & Conditions, please contact hello@cassandraduffill.com.