TERMS AND CONDITIONS
By purchasing and/or participating in any coaching session, program, or course offered by Kylie Wetherall, Good With Money you are agreeing to the following terms. Please read this Agreement carefully before purchasing, accessing or using ELK Property Developments P/L ATF ELK Property Trust (hereafter "Company"), the Company’s proprietary materials which includes any written, audio, or visual presentations or documents associated with the services.
If you do not understand or do not accept this agreement, please do not purchase any coaching session or program and do not access any of the Company’s proprietary materials.
Overview
The terms "Company", "we", "us", and "our" refer to Kylie Wetherall, Good With Money. The term "Site" refers to kyliewetherall.com.au. The term "Client", "user," "you" and "your" refers to clients, including any client team members. The terms "Service" and "Program" refer to the coaching sessions, courses, and digital products provided by the Company.
Use of the Service, including all information and educational materials presented herein, is subject to the following terms and conditions. By purchasing any program, coaching session, or accessing the Site or Service, you agree to these Terms and Conditions without modification.
1. Scope of Services
(a) Services may include:
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One-on-one coaching sessions (in person or virtual)
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Group coaching sessions
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Online courses
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Workshops or webinars
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Supporting tools, templates, and digital materials
(b) Access to services is granted only to Clients who are current in payment and registration.
(c) Additional services beyond those listed may incur further fees and will be discussed and agreed upon by both parties.
(d) No compensation or refund will be provided for missed sessions or unused access by the Client.
2. Client Duties
(a) Compensation: You agree to pay the full program or session fee either upfront or through the payment plan selected at checkout. You authorize us to automatically charge your payment method according to the schedule agreed.
(b) Late Payments: A 5% late fee will apply if any payment is overdue by more than 7 days. Continued access may be restricted until payments are up to date.
(c) Payment Security and Chargebacks: By providing your payment details, you authorise us to charge your account without requiring separate approval for each transaction. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Chargebacks without prior written notice are not permitted and may incur additional fees. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall notify the Company in advance should their credit card details change.
(d) Participation: You understand that your success in the program is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service, and make considerable efforts toward your own personal and professional development on your own time during the term of Services. You are responsible for requesting support from us, if needed.
3. Term
This agreement begins upon your first payment and continues until the end of the specific program or service purchased, or until either party terminates it in accordance with the Cancellation policy.
4. Cancellation and Refunds
You may cancel coaching packages or course enrolments with a minimum of 7 days' written notice before the next scheduled session or course commencement. No refunds will be issued after the program has started or the digital materials have been accessed.
5. No Guarantees
We do not guarantee specific results. Your progress is dependent on various individual factors including your level of participation, implementation, and personal circumstances. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.
6. Confidentiality
All personal information shared during coaching or in group settings is confidential. You agree to maintain confidentiality about other participants’ shared experiences and sensitive information.
7. Intellectual Property
All program materials, including videos, templates, and handouts, are protected intellectual property. You are granted a personal, non-transferable license to use these materials. You may not share, replicate, or distribute them without written permission.
8. Independent Contractor Status
(a) Independent Contractor Relationship: These Terms and Conditions shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Company shall be responsible to the ownership and management of the Client, but Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to these Terms and Conditions. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction.
(b) Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.
9. Warranties
(a) Company’s Warranties: Company represents, warrants and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
10. Limitation of Liability
(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 10 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 6, 7 AND 21.
11. Governing Law
This Agreement is governed by the laws of Victoria, Australia. Any disputes shall be attempted to be resolved through good faith negotiation.
12. Assignment
These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.
13. Notices
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
ELK Property Developments P/L ATF ELK Property Trust
201/175b Stephen Street
Yarraville VIC. 3013
To Client at Client’s address provided at the time of purchase.
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.
14. Governing Law; Venue; Mediation
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of New South Wales as applied to contracts that are executed and performed entirely in New South Wales. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by negotiation. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
15. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
16. Severability
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
17. Updates to Terms
We may revise these Terms and Conditions at any time. Continued use of the Services constitutes acceptance of any changes. The most current version will always be posted on our website.
Contact
Questions about these Terms? Email [email protected]