TERMS & CONDITIONS OF PURCHASE
These terms and conditions govern your purchase of any services, programs, coaching or business setup packages from Click Start Pty Ltd ACN 664 278 433 (we, us or our). By purchasing, accessing or using our services, you agree to be bound by these terms.
Definitions
In these terms:
- “Services” refers to all inclusions in your chosen package, including coaching, consulting, digital training, business setup, website creation, templates, tools and support.
- “Business Website” means the website we create for you based on your package.
- “Price” means the total amount payable for your chosen package.
- “Intellectual Property” includes all materials, templates, tools, software, content, videos, training and resources owned by us.
- “Third-Party Platforms” means any external platforms such as Shopify, WordPress, Meta, Google, email providers, suppliers, manufacturers or other systems used in connection with your business.
- “You” means the person or entity purchasing and using the services.
Acceptance
By purchasing from us, you expressly acknowledge and agree that:
- you have read, understood and accepted these terms in full;
- you are at least 18 years old and legally able to enter into a contract;
- you understand that starting and running a business involves risk, time, financial investment and ongoing effort;
- you understand that we do not guarantee sales, profit, business success, customer results or any specific financial or business outcome;
- you accept full responsibility for all decisions, actions, strategies and investments you make in relation to your business;
- you will not rely on any statements, examples, income claims or case studies as promises of future performance;
- you will seek independent legal, financial and accounting advice where required;
- we are not responsible for your business performance, and you release us from all liability relating to your business outcomes;
- you agree that the success of your business is dependent on your participation, effort, budget, market conditions and external factors outside our control.
Commencement of Services
- These terms take effect once your payment or deposit is processed.
- We will begin delivering services within a reasonable timeframe, subject to your timely cooperation.
- All timeframes provided are estimates only and may vary.
- Delays caused by your slow communication, failure to provide required materials, or platform/supplier issues are not our responsibility.
Services and Deliverables
- We will deliver the services set out in your chosen package.
- We may adjust or update our methods, training or delivery processes at any time.
- Changes outside your package scope may incur additional fees.
- If we make an error, we will correct it or refund the portion relating to that inclusion at our discretion.
- We are not responsible for issues caused by Third-Party Platforms, advertising performance, supplier delays, manufacturing issues, logistics, market changes, or personal circumstances.
- We do not provide legal, financial, tax or accounting advice.
Your Responsibilities
- Actively participate and complete all required steps.
- Provide all content, information and approvals promptly.
- Attend coaching sessions included in your package.
- Follow instructions and strategies provided by our team.
- Ensure your business meets all legal and compliance requirements.
- Take full responsibility for your business decisions and outcomes.
- Acknowledge that lack of action, missed sessions or failure to follow guidance does not entitle you to refunds.
Price and Payment
- You agree to pay the full Price for your chosen payment plan.
- Third-party costs (e.g., advertising spend, supplier fees, app subscriptions, shipping) are your sole responsibility.
- If a payment fails, our system will automatically re-attempt the payment. If payment fails a second time, your access to all services, coaching, and the Business Website will be automatically suspended until the outstanding amount is paid.
- If payment remains overdue for more than 7 days, we reserve the right to terminate this agreement and take action to recover the debt, this includes you forfeiting any received payments and us revoking and reselling the website and domain.
Refunds
Except where required by Australian Consumer Law, all sales are final. We do not offer refunds for:
- change of mind;
- personal circumstances;
- lack of participation;
- failure to attend coaching or support;
- business challenges or slow progress;
- unused services;
- delays caused by third parties or yourself.
Service Guarantee
8.1. We offer a service-based guarantee (“Guarantee”) on specific packages, wherein we will provide continued services at no additional cost until you achieve a pre-defined total revenue milestone (“Revenue Milestone”). The specific Revenue Milestone for each package (e.g., $50,000 total revenue for the Elite package) is defined on the corresponding sales page.
8.2. The Guarantee is only valid from your Launch Date, not the date of package purchase. Revenue is defined as total gross sales generated by the Business Website and does not refer to profit or monthly revenue.
8.3. To be eligible for the Guarantee, you must meet the following pre-launch requirements to establish your Launch Date:
(a) You must have completed all modules and action items within the Ecommerce Academy training program.
(b) You must have implemented all feedback provided by us during your Business Website audit.
(c) You must have established active social media accounts for the business, with a minimum of fifty (50) followers and nine (9) posts on each platform.
8.4. To maintain the validity of the Guarantee after the Launch Date, you must adhere to the following conditions:
(a) You must spend a minimum of $1,800 AUD per calendar month on a single advertising platform (e.g., Meta Ads or Google Ads). This budget may not be split across multiple platforms to meet the minimum requirement.
(b) Advertising campaigns must run continuously and must not be paused or intermittently stopped, as this compromises campaign performance and data integrity.
8.5. The Guarantee is void if you fail to meet any of the conditions outlined in clauses 8.3 or 8.4. Furthermore, the Guarantee does not apply if business performance is impacted by factors outside our direct control, including but not limited to your failure to take action, changes in market conditions, supplier issues, or platform policy changes.
8.6. The provision of continued services under this Guarantee is the full extent of our liability. No monetary refunds or other remedies will be provided. This clause supersedes any and all previous guarantee provisions or representations.
Business Website
- Your website may be template-based or custom depending on your package.
- You are responsible for all content, product selection, images, compliance and integrations.
- We are not liable for issues caused by hosting, apps, plugins, outages or platform policies.
- Full ownership of the Business Website and all associated assets transfers to you only once all payments under your payment plan are complete.
- Until the final payment is made, the Business Website and its Intellectual Property remain our property. If you default on your payment obligations, we reserve the right to suspend, revoke access to, or take down the Business Website without notice.
Coaching and Support
- Group calls run at set times and are not rescheduled for individuals.
- Missed sessions are forfeited.
- 1:1 coaching must be used within your program timeframe.
- Support is provided through the channels listed in your welcome pack.
- We may adjust coaching availability or delivery methods at any time.
Intellectual Property
- All materials provided to you remain our exclusive property.
- You receive a revocable, non-exclusive, non-transferable licence to use our materials for your own business use only.
- You must not copy, share, publish, resell, or distribute our materials.
- Any breach of this clause may result in immediate termination of your access to services and legal action.
Use of Your Results
You grant us a perpetual, worldwide, royalty-free licence to use your business name, logo, website screenshots, testimonials, and results for our marketing and promotional purposes, unless you notify us otherwise in writing.
Liability
To the maximum extent permitted by law:
- we exclude all liability for any loss, damage, or claims arising from your use of our services;
- we are not responsible for your business outcomes or decisions;
- we are not liable for any lost profits, lost revenue, business interruption, or financial loss of any kind;
- our total aggregate liability in connection with these terms is limited to the total amount you have paid to us;
- you release us from all claims arising from Third-Party Platforms, suppliers, advertisers, or external systems.
Confidentiality
14.1. Each party agrees to protect the other’s Confidential Information. “Confidential Information” includes our Intellectual Property and any non-public business, financial, or technical information disclosed during the provision of services.
14.2. This obligation does not apply to information that is publicly known, already in the receiving party’s possession, or required to be disclosed by law.
14.3. This confidentiality obligation survives the termination of this agreement.
Non-Disparagement
You agree not to publish, post, or communicate any statements about us, our team, or our services that are knowingly false, misleading, or defamatory. This clause does not prevent you from leaving genuine, fact-based reviews of your experience.
Termination
16.1. By Us: We may terminate this agreement immediately by written notice if you:
(a) breach a material term of this agreement (including payment obligations or intellectual property clauses);
(b) engage in any conduct we deem to be abusive, harmful, or disruptive to our staff or community.
16.2. Effect of Termination: If we terminate the agreement under clause 16.1, all payments made to us are non-refundable, and you must immediately cease using all of our Intellectual Property.
Dispute Resolution
17.1. If a dispute arises, you must first notify us in writing and attempt to resolve it with us through good-faith negotiation within 14 days.
17.2. If the dispute cannot be resolved through negotiation, both parties agree to attend mediation administered by the Australian Disputes Centre (ADC) before commencing any legal proceedings.
General
- Force Majeure: We are not liable for any failure or delay in our obligations where such failure or delay is due to a cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, government action, or major platform outages (a “Force Majeure Event”).
- Privacy: You agree to our Privacy Policy, which is available on our website and forms part of these terms.
- Governing Law: These terms are governed by the laws of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the courts of Queensland.