Terms and Conditions Policy

1. What these terms cover

These are the terms and conditions (“Terms”) on which Macro Momentum supplies goods, services, and digital products to you. Please read these Terms carefully before you submit your order to us. These Terms inform you of who we are, how we will deliver our services, and digital products to you, how you and we may change or end the contract, what to do if there is an issue, and other important information. If you think that there is a mistake in these Terms, please contact us before placing your order.

These Terms outline the conditions under which we supply any of the following goods, services, or digital products to you via our website or through any other platform or software we use:

(a) digital downloads or streaming of business management tools to your computer or mobile device;
(b) online access to business coaching sessions;
(c) downloadable strategic planning and project management resources;
(d) live and pre-recorded business management tutorials;
(e) subscription to our exclusive online business community and resources;
(f) physical goods for organizing and managing your business;

collectively “the Services.”

2. Who we are and how to contact us

We are Macro Momentum, owned by Kylie Macrokanis, with our registered address in Mitcham, Victoria. To contact us, please email Kylie at [email protected].

3. Our contract with you

These Terms apply to the order by you and the supply of Services by us to you and create a contract between us (“Contract”). To the extent permitted by law, no other terms are implied by trade, custom, practice, or course of dealing. This Contract is the full agreement between you and us concerning the Services. You acknowledge and agree that you have not relied on any statement, promise, representation, assurance, or warranty that is not set in this Contract.

When ordering any Services from us, you are also agreeing to be legally bound by:

(a) our Acceptable Use Policy, detailed at the end of these Terms;
(b) our Website Terms and Conditions and any documents mentioned in them;
(c) our Privacy Policy and any documents referred to therein.

4. Placing an order and its acceptance

To order the Services, add the Service to your cart. When ready, you will enter your name, email address, and payment details. To buy the Service, click the “Place Order” button. By clicking “Place Order,” you agree to be charged for the Service(s) using the payment information you provide.

Read and review your order carefully before submitting. However, if you need to amend any mistakes, you can do so before submitting it to us. Check that your device meets the hardware and software requirements for downloading or accessing the Services.

Our acceptance of your order occurs when we send you an Order Confirmation by email (“Order Confirmation”), at which point the Contract between you and us comes into effect. The Contract only relates to those Services included in the Order Confirmation. If we cannot supply the Services to you for any reason, we will inform you by email and not proceed with your order. If you have paid for the Services, we will reimburse you the full amount.

5. Charges and Payment

The charges for the Services are indicated on the order pages when you place your order on our website (“Charges”). We strive to ensure that the Charges for the Services provided to you are accurate. However, see below for actions if there is an error in the Charges for the Services you order. The Charges for the Services are in Australian dollars ($AUD). Sone items will be charged is US Dollars ($USD) - this will be discussed prior to being charged.

Shipping costs for physical goods will appear on our website.

We accept payments via debit and credit cards. When purchasing Services, you must pay:

(a) at the time of ordering, if it is a purchase of goods, one-time services, or an annual subscription;
(b) on the monthly or annual billing date as stated in your Order Confirmation, if it is a subscription or ongoing services paid monthly or annually;
(c) as per the scheduled payment periods mentioned in your Order Confirmation if opting for a payment plan for your purchase of services or subscriptions.

By buying ongoing Services or a subscription, you agree to a recurring fee charged at regular intervals based on the chosen payment plan, which will be automatically deducted from your selected payment method. This fee continues until you or we cancel the Contract.

By purchasing services on a payment plan, you agree to a recurring fee at regular intervals according to your chosen plan, which will be automatically charged to your selected payment method. This continues until the payment plan is complete, or the Contract is canceled by you or us.

Purchasing ongoing Services or a subscription means you understand and agree that the Services are accessed annually. Though we may offer payment plans or partial payments, your purchase and access to the services occur yearly.

It is possible that, despite our efforts, some of the Services we offer may be inaccurately priced. We usually verify prices before accepting your order so that, where the Service’s correct price at the order date is less than our stated price, we will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated, we will contact you for instructions before accepting your order.

We do everything we can to ensure that all information you provide when paying for the Services is secure by using a secure payment method. However, except for negligence on our part, any failure by us to comply with these Terms or our Privacy Policy, or breach of our duties under applicable laws, we will not be legally responsible to you for any loss suffered if a third party accesses your information without authorisation.

6. Cancelling your order

If you are ending the Contract for the reasons listed at (a) to (e) below, the Contract ends immediately and we will refund you in full for any Services not provided. The reasons are:

(a) we have informed you of an upcoming change to the Services or these Terms which you do not agree to;
(b) we have notified you of an error in the price or description of the Services you ordered and you choose not to proceed;
(c) there is a risk that the supply of the Services may be significantly delayed due to events outside our control;
(d) we have suspended the supply of the Services for technical reasons, or we will suspend them for technical reasons, in either case for more than 14 days; or
(e) you have a legal right to end the Contract because of something we have done.

You may also cancel the Contract within fourteen (14) days of:

>> where you are buying physical goods, the day you receive the first batch of the goods;
>> where you are purchasing services or digital products, the date of your purchase or the date you made your first payment, whichever comes first.

Upon receiving your notice to cancel, the Contract ends immediately, and we will refund you fully for the Charges you have paid for the Services.

To cancel the Contract, you can email Kylie at [email protected] with your order details to help us identify it. If you send your cancellation via email, the cancellation is effective from the email date.

If you are eligible for a refund under these terms, we will refund you the Charges paid by the method you used for payment. Your refund will be processed within 14 days of you notifying us of your intention to cancel the Contract.

Where you have agreed to pay a monthly fee or an annual fee for ongoing or subscription Services, you can cancel your Contract at any time using the methods listed below. You must inform us of your intent to cancel the Contract at least seven (7) days before the next scheduled billing date. If you do not give us at least seven (7) days’ notice, you will be charged the next scheduled monthly or annual fee according to these Terms.

Where you have agreed to pay a monthly fee or an annual fee for ongoing or subscription Services, you will not be entitled to a refund unless one of the reasons from the above sections (a) to (e) apply. Cancelling your Contract for ongoing or subscription Services for any other reason does not entitle you to a refund.

Where you have agreed to purchase Services on a payment plan, you are not entitled to cancel your payment plan, nor receive a refund for your Services purchase unless one of the reasons in sections (a) to (e) above apply. To be clear, you agree that you will be required to complete all payments of the payment plan, regardless of your desire to cancel the Services, unless one of the reasons in sections (a) to (e) mentioned applies.

Returning physical goods

If you end the Contract for any reason after goods have been sent to you or you have received them, you must return the goods to us. You must send them back to the address given in the Order Confirmation.

We will cover the costs of the return:

(a) if the products are faulty or not as described;
(b) if you are ending the contract because we informed you of an upcoming change to the product or terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so due to something we did wrong.

In all other scenarios, you must cover the return costs.

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product, if this has been caused by your handling in a way which would not be permitted in a shop. If we refund you the purchase price before we are able to inspect the returned product and later discover you have handled it inappropriately, you must pay us an appropriate amount.

The maximum refund for delivery costs will be the cost of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, than we will only refund the cost you would have paid for the cheaper delivery option.

7. Our rights to end the Contract

We may terminate the Contract at any time by writing to you if:

(a) you fail to make any payment to us when due and you do not make payment within seven (7) days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us requesting it, provide us with information that is necessary for us to provide the Services;
(c) you breach these Terms or any other terms and conditions that apply to your use of or access to the Services;
(d) for any other reason, at our absolute discretion.

If we end the Contract in the situations above, we will refund any sums you have paid in advance for Services that will not be provided. On cancellation of the Contract, we will immediately withdraw your access to the Services, any associated online spaces, and any platforms where the Services may be available.

We may inform you at any time that we will cease providing the Services, and we will notify you at least one (1) month in advance of our stoppage of the Services and will refund any sums you have paid in advance for Services that will not be provided.

8. Our Services

We will supply the Services to you in accordance with the timelines provided on our website at the date of your order, or, if no dates are provided, as otherwise advised. If the Services are:

(a) physical goods, we will send the goods to you as soon as reasonably possible, subject to availability;
(b) one-off services, we will start providing the services on the date agreed with you during the ordering process. The completion date for the services is as told to you during the order process;
(c) a one-time purchase of digital content, we will make the digital content available for download or access by you once your order is accepted;
(d) ongoing services or a subscription for digital content, we will supply the services or content until either the services are completed, or you or we end the Contract as mentioned in these Terms.

Supply of physical goods

We process all orders within seven (7) business days. We do not process or post orders on weekends or public holidays. If we expect delays in processing your order that will last more than seven (7) days, we will contact you by email to inform you of the expected delay.

We use a reliable courier for the posting and delivery of our goods. Once goods are out of our control, we cannot guarantee delivery times or handle delays. We are not liable for delays occurring after the goods are shipped.

We are not responsible for any customs fees, taxes, re-delivery fees, or other charges applied to your order. All charges imposed after the goods have been dispatched are your responsibility.

We are not liable for any damage to goods after they leave our control. Similarly, we are not responsible for any goods that are lost or misplaced after dispatch. We will do everything reasonably possible to give you information regarding your order to aid you in making a claim, but we cannot assist with claims concerning your damaged or lost goods.

Supply of services and digital content

If our supply of the Services is delayed by an event outside our control, we will inform you as soon as possible and take steps to minimize the impact of the delay. As long as we do this, we will not be liable for delays caused by the event, but if there is a risk of significant delay you may contact us to end the Contract and receive a refund for any sums you have paid in advance for Services which will not be provided.

We will use all reasonable efforts to meet any performance dates specified in the Order Confirmation, but such dates are estimates only and failure to provide the Services by such dates does not give you the right to terminate the Contract.

We may need to suspend the provision of a Service to:

(a) address technical problems or make minor technical changes;
(b) update the Service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Service as notified by us to you.

We will inform you in advance if we need to suspend the provision of the Services, unless the issue is urgent or an emergency. If we have to suspend the Services, we will adjust the Charges so that you do not pay for Services while they are suspended. You may contact us to end the Contract for a Service if we suspend it, or inform you that we will suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Service covering the period after you terminate the Contract.

You are entitled to download two(2) copies of each digital document made available as part of the Services. Once you have exhausted the permitted downloads of a particular document, you will not be entitled to download any more copies of that digital document, unless expressly agreed with us.

If you do not pay us for the Services when you should and still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend the supply of the Services until you have paid us the outstanding amounts. We will inform you that we are suspending the supply of the Services. We will not charge you for the Services while they are suspended.

The Services are provided “as is” and “as available,” and we make no representations or warranties, express or implied, about the operation or availability of the Services. Although we make reasonable efforts to update the information contained within and in connection with the Services, we do not make any representations, warranties, or guarantees, whether express or implied, that the content contained within and in connection with the Services is accurate, complete or up-to-date.

9. Your obligations

You confirm that you are 18 years old or older, and that you are legally capable of entering into this Contract with us. Our website and our Services are designed for adults aged 18 years or older, and neither our website nor our Services are intended for anyone under the age of 18 years.

You agree to provide us with true, accurate, and current information at the time you provide it to us. You understand and agree that we may not be able to provide the Services to you if you supply us with inaccurate information or fail to update the information to keep it accurate. We will not be responsible or liable for any delays or issues in the provision of, or relating to, the Services which occur because we have inaccurate information from you.

You agree that you are purchasing Services for your private, non-commercial use only. You further agree that you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sublicense, share, lend, or transfer any Services, or part of the Services, that you purchase through this website or from us unless agreed with us in writing.

You will keep the Services secure. You are responsible for ensuring that you do not lose, destroy, or damage any Services you purchase from us or through our website.

You are responsible for ensuring that any software or hardware you use to download and/or access the Services functions correctly with our website or any other platform we use to make the Services available. You acknowledge and agree that providing any and all technical requirements is your sole responsibility and at your own cost.

You will keep any login details confidential. If you are given or choose a user identification code, password, or any other piece of information as part of our security procedures, you must keep such information confidential and not disclose it to any third party.

You acknowledge and agree that other participants may share personal and sensitive information, and you may have access to this personal and sensitive information during your time as a member of our community, or any groups associated with our community. Without reservation, you agree to keep all matters shared in written, verbal, audio, or visual format confidential and to take all reasonable actions to ensure that the confidentiality of such information is protected and maintained.

You acknowledge and agree that any information you share in our community, or any groups associated with our community, is shared entirely at your own risk. We take no responsibility or liability for the release of any information by any members of the community or group.

While we have used our best professional endeavors and skills in creating the Services, and will always utilise our best professional endeavors and skills in our dealings with you, we do not guarantee any specific outcome from your use of the Services as any such outcome will vary based on your level of effort, engagement, and implementation. To clarify, you understand and agree that we do not guarantee that your use of or engagement with the Services will result in an increase in business traffic, potential clients, or actual clients. You acknowledge and agree that any statements we make regarding potential outcomes are opinions and are not binding on us. We may provide testimonials from previous clients, which are not to be relied upon to predict results in your specific situation. We may provide real-life examples or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation.

You agree that Macro Momentum is not and will not be liable or responsible for any of your actions, inactions, direct or indirect results in connection with the Services.

10. Intellectual property rights

Macro Momentum is the owner or licensee of all intellectual property rights in the website, and the Services you purchase, including any databases that hold relevant information about the website or its Services. These rights are protected by copyright or trade mark registration and you may only use the Services, or any part of them, in accordance with these Terms.

Upon payment of the Charges for any of our Services we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your own personal, non-commercial use.

You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-license, share, lend, or transfer any Services, or part of the Services, that you purchase through this website or from us unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to take legal action if this occurs.

Macro Momentum is the owner or licensee of all intellectual property rights, including trade mark rights, in Kylie’s proprietary software and all associated branding. You may only use these branding elements as agreed with us in writing.

11. How we may use your personal information

We will use any personal information you provide in order for us to provide the Services, process your payment for the Services, and inform you about similar services that we provide, but you may stop receiving this information at any time by contacting us. Further details of how we process personal information are set out in our Privacy Policy, which is available on our website.

12. Limitation of liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Services.

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We will not be liable to you, whether in contract, or otherwise, for any special, indirect, or consequential loss arising under or in connection with this Contract, including any loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, or loss of use or corruption of software, data, or information.

You acknowledge and agree that Kylie is not a legal, taxation, financial, or marketing adviser, and none of the information provided as part of or in connection with the Services should be deemed or taken as advice or advisory services. Any information provided as part of the Services is intended to provide general business education only and is not personalised or specialised advice on which you should rely. We strongly recommend you seek the services of competent legal, taxation, accounting, and marketing professionals before taking any actions or making any decisions relating to your legal, taxation, financial, or marketing liabilities, responsibilities, or affairs. We will not be liable or responsible for any actions or decisions, or the impacts of any actions or decisions, taken in relation to your business.

You agree that you may be exposed to content and materials that for any other reason may be inappropriate, offensive, or irrelevant to the Services. Please note that whilst we take all reasonable precautions to mitigate this risk, we do not guarantee or warrant that the Services, or any online space where we make all or part of the Services available, will be free from content or materials that violate our Acceptable Use Policy, or for any other reason may be inappropriate, offensive, or irrelevant to the Services.

Nothing in this Contract is intended to have the effect of excluding, restricting, or modifying the application of all or any of the relevant provisions of the Australian Consumer Law or the Competition and Consumer Act 2010 (Cth) (“ACL”), or the exercise of a right conferred by the ACL, or any liability of ours in relation to a failure to comply with a guarantee that applies under the ACL to a supply of services.

13. Other important terms

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

This Contract is between you and us. No other person will have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

These Terms, their subject matter, and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.

ACCEPTABLE USE POLICY

This Acceptable Use Policy sets out the content standards that apply when you upload content to our website or other online spaces, make contact with other users of our Services, link to our website, or interact with our website or other online spaces in any other way.

1. Prohibited Uses

You may use our website and services only for lawful purposes. You may not use our website or Services:

• in any way that breaches any applicable local, national, or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards below;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“spam”);
• to knowingly transmit any data, send, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access without authority, interfere with, damage, or disrupt:

• any part of our website or other online spaces;
• any equipment or network on which our website or other online spaces are stored;
• any software used in the provision of our website or other online spaces; or
• any equipment or network or software owned or used by any third party.

2. Interactive Services

We may from time to time provide interactive services on our website or other online spaces, including, without limitation:

• Chat rooms;
• Bulletin boards;
• Blog Posts;

(jointly the “interactive services”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated, and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee monitor, or moderate any interactive service we provide on our website or other online spaces, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contrav of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

3. Content Standards

These content standards apply to any and all material which you contribute to our website or other online spaces (“Contribution”), and to any interactive services associated with it. The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our absolute discretion, whether a contribution breaches the content standards.

Any Contribution you post will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content; however, by sharing any Contribution to our website or other online spaces, you grant us, our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to website or other online spaces constitutes a violation of their intellectual property rights, or of their right to privacy.

A contribution must:

• be accurate (where it states facts);
• be genuinely held (where it states opinions);
• comply with the laws applicable in Australia and in any country from which it is posted.

A contribution must not:

• be defamatory of any person;
• be obscene, offensive, hateful or inflammatory;
• promote sexually explicit material
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability sexual orientation, or age;
• infringe any copyright, design right, database right, trade mark, or other intellectual property right of any other person;
• be likely to deceive any person;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be in contempt of court;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety;
• be likely to harass, upset, embarrass, alarm, or annoy any other person;
• impersonate any person, or misrepresent your identity or affiliation with any person;
• give the impression that the contribution emanates from us or our company if this is not the case;
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism;
• contain any advertising or promote any services or web links to other websites.

4. Breach of this policy

When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate. Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms upon which you are permitted to use our website and our Service, and may result in our taking all or any of the following actions:

• immediate, temporary, or permanent withdrawal of your right to use our website, other online spaces, and the Services;
• immediate, temporary, or permanent removal of any Contribution uploaded by you to our website or other online spaces;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or required by law.

We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy and these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.