PROGRAM PARTICIPATION

TERMS AND CONDITIONS

Opening Gates Pty Ltd ABN: 23 153 903 050 (“Opening Gates”) provides online learning self and business improvement programs for business owners and leaders to run their business in alignment with the life they would like to lead.

From time to time, Opening Gates will offer additional programs to which these terms and conditions apply unless otherwise stated.

These Terms and Conditions (the “Agreement”) is a legally binding contract between you (the “Program Participant”) and Opening Gates, and they apply to the purchase and delivery of your selected Program.

You are deemed to have accepted the terms in this Agreement upon payment of your selected Programs’ fees.

Terms & Conditions

1. Term

1.1 This Agreement will begin upon payment of the advertised Programs fees.

1.2 It will apply for the duration of the Program and completion of any payment plan going beyond the programs’ length.

2. Programs

Opening Gates currently offers the following programs:

2.1 12-Week Business Fitness Challenge (12WBFC Program) – $749

The 12WBFC Program is designed to raise small business owners’ business acumen and build a high impact profitable business that enables the life the entrepreneur aspires to.

2.2 12-Week Life Planning Challenge (12WLPC) – $649

The 12WLPC Program is designed to create a life plan that reflects an individual’s potential and positions the business or salary as the enabler of that life plan, and goes beyond the basic life planning in the 12WBFC Program.

3. Program Content and inclusions

3.1 The 12WBFC Program and 12WLPC Program are self-study courses. They will only be accessed via login to an LMS (Learning Management System) platform.  The Program Participant will have access to:

3.2 All content in the Programs can be accessed for 24 weeks from the date of purchase.

3.3 Coaching or 1:1 sessions are not included in the Program.

4. Fees and Payment

You understand and agree:

4.1 Full payment of the advertised Program fee at the time of purchase is required before any program’s commencement.

4.2 All fees are in Australian Dollars and include GST.

4.3 Payment is accepted online by PayPal.

4.4 PayPal has separate terms and conditions that govern third-party payment processing. We are not responsible for applying third-party payment processor terms and conditions.

Discounts and special offers

4.5 From time to time, the Program may be offered at time-limited discounted pricing.

Variation

4.6 Opening Gates reserves the right to vary any fees at any time.

4.7 Changes in fees will not affect you and will only apply to a new round of program delivery.

5. Refund Policy

You understand and agree:

5.1 You may withdraw from any Program for any reason within seven (7) days of the Program’s commencement.

5.2 All withdrawal requests must be in writing to connect@openinggates.com.

5.3 A full refund, less any fees retained by PayPal, will be provided within 7 days of notification of withdrawal.

5.4 No refund is available after 7 days from the commencement of any Program.

Refund Management

You understand and agree:

5.5 Your commitment to your success and completion of your Program is required to gain maximum results.

5.7 Refund requests after 7 days of the Program’s commencement will be managed according to our obligations and your rights as consumers under Australian Consumer Law.

5.8 Refund requests after 7 days will be considered on a case by case basis and are not guaranteed.

6. Expectations

6.1 Your commitment includes but is not limited to:

Technology issues

6.2 Opening Gates shall not be held responsible if there are any problems with the website or if the host or network should go down due to circumstances beyond our control. However, we will do our best to get the system back up as soon as possible when it is within our control.

6.3 Opening Gates shall not be liable to you or any other party because of viruses or malware that may infect your or the other party’s electronic equipment.

6.4 You agree that you:

a. will not use any robot, spider or other devices, process or means to access the Programs;

b. will not compromise or circumvent the security controls of the Programs or otherwise gain unauthorised access to the Programs; and

c. will not attempt to interfere with the proper working of the Programs.

Program Dashboard

6.5 You will be required to register your details to create a password to access the Program Dashboard’s program content.

6.6 Your login details will be shared with you to the email address provided at registration.

6.7 It is your responsibility to ensure the details you provide are correct and current.

Password security

6.8 You are solely responsible for the protection and confidentiality of any password that you may have issued to or subscribed for from time to time.

6.9 You will not share your password with any other person.

6.10 You will immediately notify us if your password is lost or becomes known to any other person.

6.11 You are solely responsible for accessing and using this Site via your password, whether such access or use is by you or any other person.

6.12 The personal information you provide to the Program will be managed according to our Privacy Statement at http://openinggates.com/privacy/.

7. Confidentiality

7.1 All information shared with the Consultant during the Program’s enrolment and course (if necessary) is confidential. It will not be shared with a third party unless required by law.

7.2 Personal and business information provided by you is managed by our Privacy Policy.

8. Intellectual Property and Copyright

8.1 Judy Reynolds is the creator of the Programs owned by Opening Gates Pty Ltd.

8.2 All material, including but not limited to videos, call recordings, resource downloads, and templates available in the Program and within any program created by Judy Reynolds, are the property of Opening Gates Pty Ltd and their affiliates or licensors. Accordingly, they are protected by copyright, trademark, and other intellectual property laws.

8.3 As a Program Participant, you are bound, at all times, to ensure that you do not breach our intellectual property rights at any time for any reason.

8.4 You may not use any of the materials available in the Program or any teaching platform or in a manner that infringes on our rights or has not been expressly authorised by us.

8.5 All material, including but not limited to videos, call recordings, resource downloads, and templates available in the Program and within any program created by Judy Reynolds and owned by Opening Gates Pty Ltd, is provided solely for your personal and non-commercial use.

Use by licence only

8.6 Use of materials for any other commercial purpose is prohibited without the express written permission of Opening Gates Pty Ltd or Judy Reynolds.

8.7 You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program or related programs without the express permission of Judy Reynolds or Opening Gates Pty Ltd. You may request such permission by emailing connect@openinggates.com.

Publication of assessment material

8.8 You agree to grant a royalty-free, unlimited, perpetual and irrevocable license to Opening Gates Pty Ltd and its associated entities to publish, reuse and repurpose content and assessment created by you during any Program engaged in with Opening Gates for any business-related purpose whatsoever.

9. Disclaimer

You understand and agree:

9.1 The goal of the 12WBFC Program is to support business owners to build a high impact profitable business that will enable the life they aspire to have.

9.2 Our Programs are not substitutes for legal, financial or investment advice or planning services.

9.3 If you require such advice or services, you must seek the services of an appropriate legal, financial, accounting or investment professional.

9.4 Opening Gates cannot make any guarantees about your ability to get results or improvements with your skills or otherwise with the Programs, tools, ideas, information, or strategies provided.

9.5 Results are dependent on various factors, including but not limited to your commitment, personal ability, and dedication, and is in no way dependent on any information or strategy provided to you by Opening Gates Pty Ltd.

9.6 You have purchased the Program at your own risk.

9.7 All content, resources and coaching are provided for personal use and information only.

9.8 Opening Gates Pty Ltd does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your results from the Programs.

Earnings disclaimer

9.9 Opening Gates Pty Ltd does not make any guarantees about your ability to get results or earn any money from advice, ideas, information, or strategies provided in any Program.

9.10 You acknowledge that there is an inherent risk in any business enterprise or activity. Accordingly, there is no guarantee that you will earn any money as a result of the purchase of any Program.

9.11 Nothing in the disclaimer above will limit or exclude any liability that may not be limited or excluded by applicable law.

10. Limitation of Liability

You understand and agree:

10.1 Liability for the services provided by Opening Gates Pty Ltd is governed solely by Australian Consumer Law and these Terms and Conditions.

10.2 Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law and any other relevant legislation.

10.3 To the extent that Opening Gates is unable to exclude liability, total liability for loss or damage you suffer or incur from services by Opening Gates Pty Ltd is limited to re-supplying the Services to you, or, at our option, refund to you the amount you have paid for the Services to which your claim relates.

11. Dispute Resolution

You understand and agree:

11.1 You will contact Opening Gates Pty Ltd immediately with any concerns for quick and effective resolution through friendly consultation.

11.2 In the event of a dispute, you agree to the following Dispute Resolution Procedure:

a. You must advise Opening Gates in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.

b. In good faith, you agree to meet with a key representative of Opening Gates in person or via Zoom or Skype to seek to resolve the dispute by Agreement and compromise.

c. Suppose an agreement cannot be reached to resolve the dispute. In that case, any party may refer the dispute for mediation to The Law Society of Queensland.

d. Both parties must attend the mediation in good faith to seek to resolve the dispute.

11.3 Litigation via the court process may only be considered after a genuine attempt at mediation bought by either party is unsuccessful.

11.4 Confidentiality is paramount to both parties personal and professional reputations and standing in their business and community.

11.5 At no time will any communications or discussions be made public, including but not limited to any social media platforms or websites of either party.

11.6 Any public discussion or comments about either party will be considered defamatory, harmful or otherwise damaging. They will be the subject of compensation in any mediation or litigation claim.

12. Governing Law

You understand and agree:

12.1 The Terms and Conditions of this Agreement are governed and construed under the laws of Queensland.

12.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland.

Thank you for reading this Agreement.  By proceeding with your payment, you accept the Program Terms and Conditions contained in this Agreement.