Terms & Conditions
1 Acceptance of Terms
By accessing, downloading, or using the products and services offered on the Emmerging Salons Pty Ltd (including any associated/held Business Names) website/s and/or digital platform (Website) and all Emmerging Salons downloadable content and material provided (Content), you acknowledge that you have read and agree to be bound by these Terms and Conditions (Terms).
Emmerging Salons Pty Ltd, including any associated/held Business Names;
Company, We, Us, and Our for the purpose of these terms;
may modify these Terms at any time without prior notice to you. If we do, the new Terms will be uploaded on this web page. Your continued use of our products, programs and services constitutes acceptance of any changes to these Terms.
2 Definitions
-Claim means any claim, notice, demand, debt, account, action, expense, cost, lien, liability proceeding, litigation (including reasonable legal costs), investigation or judgment of any nature, whether known or unknown.
-Consequential Loss means direct, indirect, incidental, punitive, special, exemplary or consequential damages (or any loss of revenue, loss of continued work, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect).
-Confidential Information means information, data, ideas, plans, and trade secrets that is confidential and proprietary.
-Content means all content and material including audio, video and text, found within Our website, Programs, and learning materials.
-Products means any digital product or online resource or downloadable content made available on the Website for sale or associated digital platform or landing page.
-Programs includes but is not limited to the range of online video training, content modules, membership programs, in person social-networking events, mentoring programs, workshops, program training days, presentations, and retreats run by the Company.
-Participant means a person who is registered with the Company as a member, participant or subscriber to a particular Program or Service or Our platforms.
-Services means any professional or business services provided to you through the Website or as part of the Program from time to time.
-Terms refers to these Terms and Conditions.
-User means a visitor to the Website or user of the Website content.
-User Content means all material including audio, video, and text, provided by a Participant of the Website or Program.
-Website means Our website located at the following url: http://emmergingsalons.com/
-Recordings means audio or video recordings that are stored or displayed by Us on the Website or through its social media or other digital platforms.
3 User accounts and personal details
You may be provided with a User account or digital portal to access the Services, Website, Products or Programs from time to time.
You agree and acknowledge that all information and personal data you provide to Us will be true, accurate, current and complete.
Your personal data will be treated strictly and in accordance with our Privacy Policy (provided on the website). Please read it carefully for information on how we collect, use, store and disclose your personal data and information.
By registering your details with us, you warrant that you are authorised to register for and/or use the Website or particular Program (as applicable from time to time). We reserve the right to terminate your registration without notice, for any reason, if we determine that you have breached these Terms.
By registering for the Website, you warrant that:
-You are responsible for maintaining the confidentiality of your password and account and are responsible for all activities that occur under your account.
-You are responsible for maintaining the confidentiality of your User account and your account password. You agree you are responsible for all activity that occurs via your Account and you acknowledge that We may, at our discretion, suspend or terminate your account or access, and refuse any and all current or future use of the Services, Programs or Products.
-You will not let any other person use your Password or any registered User, Participant or member services.
-You will not sell, transfer, license or assign your User account, username, or any account rights, and that you will not create an account for anyone other than yourself.
-You will immediately notify us of any unauthorised use of your password or account or any other breach of security.
-You have the necessary technology, including a computer that has Internet access and speakers connected that can play audio from the computer.
-We will not be responsible for assisting you to access the content or materials that form part of the Website, Program or Services.
4 Conditions of Use of the Website
Permitted Use;
You agree to use the Services, Website, Products and Programs in a safe and responsible manner, in accordance with the Terms and all other policies and notices that form part of these Terms.
We prohibit the use of the Website and any of its functionalities, features and content in any manner other than as expressly allowed by us in these Terms.
You agree:
-to comply with all laws, rules and regulations applicable to your use of the Services
-you must not interfere or disrupt the Services, Website or servers or networks connected to the Services or Website.
-you may not use the Services, Products, Programs or Website for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other conduct that infringes the rights of ours or others.
-You may not use the Services, Products, Programs or Website, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to; incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any content or other information accessed or purchased through our Services, Products, Programs or Website, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms.
-You may not breach the security or authentication procedures of the Services, Programs or Website, or any network connected to the Services, Programs or Website, in an attempt to gain unauthorised access to any part of the Services, Programs or Website by hacking, password “mining” or any other illegitimate means.
-You may not manipulate identifiers in order to disguise the origin of any communication you send to or through the Company. You may not pretend that you are, or that you represent someone else, or impersonate any other individual or entity.
-You must not harvest or collect email addresses, photographs or personal information of other Users.
User-Generated Content
We may give you access to our Programs, community forums, social media groups or platforms and in person forums or events in which you may post or publish material including comments, photos, and messages (User Content). This includes material transmitted through computers, mobile phone messaging, e-mail, social media platforms, and classifieds.
When posting User Content, you agree that you will not post or publish:
-Information or content that is unlawful, harmful, fraudulent, misleading, deceptive, obscene, indecent, lewd, threatening, offensive, abusive, harassing, degrading, intimidating, libelous, defamatory, inflammatory, or objectionable.
-Information or content about another person without that person’s consent.
-Information or content that promotes or advertises a business, event, group, or activity organised through competing social clubs except when permitted by us.
-Any chain letters, pyramid or Ponzi schemes, investment opportunities, or other unsolicited material, except where expressly permitted by us.
-Information or content about a business owned by another person which is confidential or contains business secrets.
-If you breach these Terms, we have the right to remove, review, or modify your user content, unregister your account, and/or terminate your use of our Website’s services and content.
If you think anyone is violating any of these Terms, please notify us immediately.
We reserve the right to disclose and refer any information that we collect for the purposes of any police investigation or governmental request.
Quality of the Website
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook, Instagram or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the Website.
Security of Information
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information and will do so in accordance with our Privacy Policy.
5 Mentoring and Programs
Attendance or participation in Programs is only available to persons aged above 18 years. We reserve the right to exclude you from a Program should you become disruptive or fail to adhere with our business policies (as amended from time to time) or these Terms.
You acknowledge and give consent that we may record (in audio, video, and/or writing format) your participation in a Program, where your name, image, voice, or likeness may be depicted or included, in whole or in part. These Recordings may be used in the production of marketing material for Emmerging Salons and its associated entities and Programs. You agree to give us the absolute right and permission to copyright, without restriction, to use, modify, alter, publish, reproduce, and distribute these recordings.
You acknowledge your obligations as a Participant and/or User in accordance with clause 4 of these Terms and Program specific Terms & Conditions.
6 Payments and Purchases
All purchases and orders are subject to acceptance by us. Acceptance and continued access to our Services, Products and Programs is always subject to payment first being made by you.
For the removal of doubt, by placing an order, you make an offer to purchase the relevant Service, Product or Program that is the subject of your order.
You must pay for the order in full at the time of ordering by one of the payment methods we provide on the Website. You must be fully entitled to use the payment method or account used for purchases and you must have sufficient funds or credit facilities to cover the purchase.
We reserve the right to obtain validation of your payment details before providing you with the Product, program or Service and carry out security checks from time to time.
We may use a payment-processing merchant (such as PayPal, Stripe or Shopify) for purchases and payments, or third-party payment platforms, where you may be directed. By purchasing the Services or Products or Programs, you agree to comply with our terms of Purchases and Payment as well as those provided by the payment-processing merchant or those of the payment platform.
We reserve the right to change the preferred payment gateway, from time to time, without any notice to you. All transactions are processed in AUD Dollars (AUD) regardless what currency you select or the Website displays.
We (or our payment-processing merchant) may securely collect all information obtained during your purchase or transaction for the Services, Products or Programs and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be securely collected. Information and personal data is always collected in accordance with our Privacy Policy which can also be located on our Website.
Credit Cards, Chargebacks and Payment Security
If we agree to accept credit card payments for the Services, Products or Programs from You, you agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway unless caused by our fraud or the fraud of our employees.
To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card for any unpaid charges on the dates set forth herein.
You shall not make any charge backs to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance.
Our standard terms for payment are;
-immediately, in advance for any form of Card payment
There may be processing fees associated with any type of card payment. You will be advised of these (as stated on our invoices) and approving us to charge your card displays your acceptance of any card or processing fees.
-7 days for any services or work that are invoiced.
- Fees are charged for any invoice outstanding 30 days or more and these are ‘reasonable’ (10% of the total invoice, charged monthly) and subject to change without prior notice.
Terms of Purchase
Not all Services, Products and Programs will have the same terms of purchase, options for payment or fees. You agree that it will be your responsibility to review the applicable terms and costs for the Services, Products or Programs relevant to you.
By purchasing any of the Services, Products or Programs, being a party to a sale, you agree to the cost of sale (Price), as advertised by us at the time of the sale. Access to the Services, Products or Programs will only be granted after payment of the Price.
We reserve the right to change the Price of any Services, Products or Programs from time to time, without notice, however, we may not change the price of an agreed sale.
Goods and Services Tax (GST), if applicable;
Payments for all goods purchased in Australia, including international transactions, are inclusive of GST. We will issue an invoice authenticating that we have received payment and you have paid for the Service. The receipt of payment that we issue to you will be a Tax Invoice in accordance with applicable legislative requirements relating to GST in Australia.
Refunds and Cancellations
We note that our Services and Products (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law.
You may be entitled to a replacement (or resupply in the case of Services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the goods repaired or replaced, or the Services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.
Otherwise, subject to the above consumer legislation, you will not be able to cancel or terminate of the Services, except in accordance with these Terms and refunds are discretionary in accordance with our Happiness Guarantee.
We do not offer refunds for change of mind. If you voluntarily decide to withdraw from the Services or Program at any time or for any reason, you will remain fully responsible for the full cost of the Services or Program.
If a refund is granted, upon receipt of the refund, your agreement with us is at an end. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the Australian Consumer Law, or in certain circumstances, the laws of your jurisdiction.
We may terminate a contract or cancel an order if the Product or Program is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the Product or Program.
7 Third Party and External Services
We may enable access to third-party Services and Content or Websites (External Services) however to the extent you choose to use such External Services you agree that we do not guarantee the accuracy, integrity or quality of third party External Services, and shall not be liable for any third party External Services.
8 Confidentiality
You agree that you will not disclose any Confidential Information, ideas, plans, or trade secrets of Emmerging Salons Pty Ltd, including any associated/held Business Names; and/or its representatives or of other Users or Participants, except when consent is expressly obtained by the appropriate person.
You acknowledge that:
-Confidential Information shared by Participants or Users or any of our representatives belongs solely and exclusively to the Participant who discloses it.
-Not to disclose such information to any other person, except in accordance with these Terms, or in a discussion with Participants during coaching sessions.
-Any material or information provided to you by us remains our confidential and proprietary information and intellectual property.
If you violate these confidentiality Terms, we may be entitled to pursue legal proceedings against you to protect the confidentiality of the information and material.
9 Grant of Licences
By Emmerging Salons Pty Ltd (including any associated/held Business Names) To You
The Services, Website, Programs and Products are the property of the Company and its licensors, and are licensed, not sold to you under these Terms.
You agree you may not (i) copy, modify, or create derivative works based on the Services (ii) distribute, transfer, sublicense, lease, lend, or rent the Services, Programs or Products to any third party; (iii) modify, decompile, or disassemble the Services, Programs or Products.
By You To Emmerging Salons Pty Ltd (including any associated/held Business Names)
By making any User Content available through or in connection with the Services, you grant to our Company a non-exclusive, perpetual, irrevocable, transferable, non sub-licensable, worldwide, royalty-free license to use, copy, cache, store, archive, reproduce, record, modify, publicly display, publicly perform, publish, republish promote, exhibit, distribute, transmit, broadcast, synchronise, edit, adapt, sublicense, create derivative works based upon your User Content in connection with operating and providing the Services and the advertising, marketing and promotion thereof.
You acknowledge and agree that you are responsible for all your User Content and that you have read and understand the provisions relating to how we share and use your content our Privacy Policy. The use of our Services, Products and Programs is subject to our Privacy Policy, which forms part of these Terms.
By using our Services and accessing our Website and Content, you further agree to allow us to use, modify, and reproduce your brand and associated images on our website and content for marketing and social media purposes.
10 Intellectual Property
You acknowledge and agree the Services, Products, Programs and Website contain information, copyrighted works and material that is owned by Us and is protected by all Intellectual Property and Copyright Laws recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force.
No part of the Services, Products, Programs or Website may be used, reproduced or exploited in any form or by any means or for commercial purposes, except as expressly permitted by these Terms or with the written consent of our Company or in accordance with the Grant of Licences under these Terms.
You acknowledge and agree to respect the Intellectual Property Rights of others, including but not limited to Emmerging Salons Pty Ltd, Users, Participants, licensors, external service providers and third parties, by not using, reproducing or exploiting any Content or User Content that infringes their Intellectual Property Rights recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force.
This Agreement does not transfer any Intellectual Property Rights from Us to you or any third parties. If you infringe the Intellectual Property Rights of our Company or any other third party, Emmerging Salons Pty Ltd has the right to deny access to or terminate your use of the Services, Website, Products or Programs.
You are granted no right or license with respect to Emmerging Salons trademarks, service marks, graphics, and logos used in connection with the Services, Website, Products or Programs.
Moral Rights
You agree that you consent to any act or omission which would otherwise constitute an infringement of your Moral Rights. If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
-irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;
-irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;
-agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
agree that your consent is a genuine consent under the Copyright Act1968 (Cth) and has not been induced by duress or any false or misleading statement.
11 Termination
In Our sole and absolute discretion, we may suspend or terminate your access and/or future access to the Services, Product, Website or Program, effective immediately, with no liability to you or any third party for the following reasons:
-Where you are in material breach of any of the Terms or any related Emmerging Salons policies;
-Where at any time you have committed any act of wilful or serious misconduct;
-If You fail to pay any fees, payments or expenses properly payable to us for the Services, Product or Program;
-Where you have created an unacceptable risk or possible negative or damaging exposure for us;
-Where there are unexpected technical issues or problems;
-At the request of a law enforcement or government authority; or
Upon a request by You.
This clause (and the clauses regarding Intellectual Property, Dispute Resolution, Governing Jurisdiction and Confidentiality) survive the termination or cancellation of these Terms, and the parties’ rights and obligations under, or arising from the operation of, those clauses will continue to be enforceable by or against each of them notwithstanding such termination or conclusion.
12 Disclaimers
While we aim to provide guidance and support, we cannot and do not make any promises or guarantees about your ability to get results or earn any money with our coaching, ideas, information, tools, or strategies. Your success depends on many factors including your dedication, participation, motivation, time commitment and desires.
Risk is inherent in all forms of business activity and you acknowledge that any decision made by you for your business is made through your own free will, skill, and common sense.
We do not offer any legal, medical, tax or other professional advice. Use caution and always seek expert professional advice before acting on any information that we provide.
Representations of financial data referenced on this Website or on any of our Content, are merely illustrations of other projects we have undertaken or clients that we have worked with. We cannot guarantee that you will receive the same or similar results.
Any testimonials found within our Website, and/or Content are not to be taken as a guarantee that you will achieve the same or similar results.
13 Limitation of Liability
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS.
You acknowledge and agree that Emmerging Salons Pty Ltd, its directors, officers, agents and/or representatives are not responsible for any losses or Claims that may arise out of any business or personal decision made by you at any time.
You agree to accept all risks, foreseeable or non-foreseeable arising from our Services, Content, Programs, Products and any business decision undertaken by you arising from the use of the Website.
To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for any Claims or Consequential Loss suffered or incurred by you and arising out of or in connection with your access to or use of the Website, Content, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
In any event, the total liability, if any, will be limited to the price paid for the Services, Product or Program (as applicable).
14 Indemnity
You indemnify us from all actions, suits, Claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, Content, Products, Services, Programs, Website or any breach by you or your agents of these Terms.
We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Website, community or through use of our Products, Programs, Website or Services.
15 Dispute Resolution
In the event of any dispute under these Terms, the parties agree to negotiate in good faith to resolve the dispute. Please notify us of any problems or issues arising out of use of the Website by emailing us at info@emmergingsalons.comor through our details on the contact page
Any dispute or difference whatsoever arising out of or in connection with these Terms which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators and Mediators Australia Mediation and Conciliation Rules.
16 Governing law
The laws of Queensland, Australia governs these terms. You agree to submit to the exclusive jurisdiction of the courts of the State of Queensland, or other such competent courts, to resolve any dispute or claim arising from these Terms.
17 Terms implied by law
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
if the breach relates to Services, re-supplying, or paying the cost of re-supplying, those Services.
18 Entire Agreement:
These Terms make up the entire agreement between you, us and our Law Firm, and supersede any prior agreement, understanding or arrangement between you, us and our Law Firm, whether oral or in writing.
Contact Us:
Should you have any further questions or should you have any enquiries or feedback please contact us via our contact details page.make all the difference.