Terms & Conditions | The Elevatory Small Business Courses

 

TERMS OF SERVICE FOR THE ELEVATORY'S MEMBERSHIPS, PROGRAMS, AND COACHING & CONSULTANCY SERVICE

 

These Terms of Service (“Terms”) apply to all members, or all potential members of The Elevatory [ABN 85165750890] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.

 

ONLINE SERVICES WE WILL PROVIDE:

Based on your purchase; you are entitled to the following Services:

Service Based Coaching & Consulting

This is determined on application.

Ecommerce Based Coaching & Consulting

This is determined on application.

BOS Vault Program

This includes:

• Full access to the complete BOS Framework

BOS Vault + Group Coaching

This includes:

• Full access to the complete BOS Framework
• 3 x group implementation calls each week

Analytics Workshop

This includes:

• 1.5 hour recorded workshop
• PDF of the session
• Excel Spreadsheet
• Bonus month of group coaching support

Momentum or Mentoring Memberships

These are support memberships for current clients only, details of these programs are determined at time of upgrade.

For more information on what is included in your specific service type and the duration of your specific service, please refer to our proposal / website / invoices.

All Services (except our Analytics workshop) are for a Minimum Term and will auto renew at the end of the Minimum Term for a further Term. If you do not wish your account to auto-renew please email us with 7 days prior notice at This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

BEFORE PURCHASE:

Things you must do before purchasing a Service

You must:

• be 18 years old or have parental consent;
• provide complete and accurate information to us, and promptly inform us of any updates to your information (you must respond to us within 3 days);
• ensure you have adequate technology set up and internet access to make use of the Services. We use a Facebook Group, Zoom video conferencing and a membership portal on our website; and
• be committed to working on yourself and your business.

 

Acknowledgements you make when purchasing any of our Services

You acknowledge and agree that:

• the Materials we provide in the Services are general in nature and have not been personalised for you, or for the particular business skill you have (our program personalisation comes from our 1:1 support and our 90 day plans);
• some Materials we provide in the Services may already be known to you;
• some sessions may be personally and emotionally challenging, there may be strong language used throughout; and some discussions may be confronting;
• coaching is not psychological counselling or therapy;
• you are solely responsible for ensuring that your business complies with all relevant regulations and laws, including, but not limited to all licensing, and advertising laws;
• you are solely responsible for your own outcomes of your Membership/Program/Consultancy including but not limited to all financial success.

 

You further acknowledge and agree there may be:

• occasional errors or omissions in the Services descriptions, prices, availability and promotions;
• some Services with limited places or that are limited to certain regions or groups of people; and
• technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Services.

You acknowledge that we may make recommendations of suppliers for various products or services during your Membership/Program/Consultancy. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.

 

Payments

The Membership/Program/Consultancy fee is automatically deducted from your nominated payment method at the time of purchase, or in accordance with the Payment Plan, unless you or we cancel your Service in accordance with the cancellation or termination terms below.

You also have the option to pay for your chosen program with a personal loan organised on your behalf by Lifestyle Finance Aus Pty Ltd.

Please conduct your due diligence to best assess the fit of this option for you and your business.

Otherwise, you authorise us to:

• deduct the Membership/Program/Consultancy fee and all other accrued and owing fees from your debit or credit card; and
• deduct any applicable currency conversion fees or financial service provider fees where relevant.

You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you. Where any payments are not received, we will attempt to debit your account a few days later, and in the event that no debit can be made within the period of 10 days, we may suspend or terminate your Membership/Program/Consultancy at our discretion. All outstanding payments will become immediately due and payable.

Please note if you make a deposit to secure your place in an upcoming membership / program / consultancy - your deposit is non refundable.

 

Cooling Off

We grant you a cooling off period to cancel your Coaching Service / Vault Membership with a full refund, for any reason, provided notice is given to us within 7 days (of your first payment) via email at This email address is being protected from spambots. You need JavaScript enabled to view it. clearly stating your intention to cancel.

  

Implementation Guarantee

We offer an implementation guarantee for all our Coaching & Consulting Services in some circumstances. [please note this excludes our Vault Program & Analytics Course offers]. To be eligible you need to be a client who purchased either program within the previous 6 months and is able to demonstrate to our satisfaction that you have followed the program within the set time and done your best to implement the recommendations we have outlined for your term. And if you have run into difficulties with and / or have been unable to complete our recommendations, we will personally work with you to ensure everything that we recommend has been correctly set up.

  

Performance Guarantee

We also offer a Performance Guarantee for our Ecommerce Coaching & Consulting Clients in some circumstances. [please note this excludes our Vault Program & Analytics Course offers]. To be eligible you need to be a client who purchased a program within the previous 6 months and is able to demonstrate to our satisfaction that you have followed the program within the set time and done your best to implement the recommendations we have outlined for your term. And at the end of your initial term if you have yet to turn a positive ROI on your paid ad spend [a minimum of 1.5 ROAS over a period of at least 30 days], then we will continue to work with you to optimise and refine your ads for FREE until you do.

On the latter you will be expected to attend our ad sessions weekly, and continue to take action on further recommendations which may include but are not limited to, adding more budget, creating a new lander, implementing tech changes; or in some circumstances we may need to just wait things out as channels like Google PMAX can take 6 - 8 weeks for results.

Once you have turned a positive ROI on paid ad spend you will then have the option of staying on, on one of our paid support plans.

 

No further guarantees

We do not guarantee your financial or business success. Any business can suffer significant losses or make no money at all, and this may occur during the Minimum Term or Term. Monetary and income results are based on many factors that are outside our control. We cannot take into account your background, your work ethic, your business skills, and economic and other factors in the markets in which you operate, when providing the Materials. Therefore, we do not guarantee or imply any financial results or any business success at all.

 

 

AFTER PURCHASE:

Things you must do after purchasing our Services

You must:

• maintain the confidentiality of your login and password for your account
• not allow other people to use the Materials or your account;
• contact us by email at if you have any difficulty downloading any Materials;
• not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
• contact us by email at if you have any issues with the Services and require a refund;
• seek our prior written consent before any publication of information about us; and
• in the case of a dispute keep all communications confidential.

 

Posting rules

You must not post any of the following (which is determined in our discretion) in any of our public forums, including but not limited to our coaching forum:

• any inappropriate or offensive, threatening or abusive content;
• any immoral content, including but not limited to, anything pornographic or obscene;
• any illegal content, including any content which is defamatory;
• anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or
• any content that impersonates any other person or misleads us or third parties as to the origin of your posts.

You are responsible for all your posts and their accuracy, completeness, and timeliness. We are not responsible for any of your posts or any third-party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts

 

Confidentiality

We agree to at all times keep your Confidential Information confidential, and comply with our Privacy Policy, a copy of which you can find here.

 

Acknowledgement you make in relation to live and group events

We conduct various events as part of your Services, including live group training & mentoring sessions. We reserve the right to exclude you from any event if you become disruptive or disrespectful to other participants during any of our live or in person events. If you disclose Confidential Information in a group setting, we cannot guarantee it will be kept confidential.

You acknowledge and agree that we may make recordings of events that you participate in, including in person and online events. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes.

Your participation in the events is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. This could include new course materials or marketing materials. You waive all rights to approve of the finished recordings.

 

Your commitment

To get the most benefit out of the Services, you should:

• be on time to all sessions; any late attendance will not entitle you to an extended session;
• follow the program and keep pace with your meetings;
• use the group sessions and where relevant the coaching forum for extra support;
• take on board all feedback; and
• take all necessary actions to implement our suggestions and advice..

You acknowledge and agree that you are solely responsible for your own success and outcomes during your Membership / Program / Consultancy.

 

Things we’d love you to do after purchasing your Service

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions, and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

If you need to cancel or reschedule a 1:1 session

You may reschedule a coaching session with 3 days prior written notice. Only one rescheduling is permitted per month to a mutually convenient time. We do not provide refunds for non-attendance and any sessions not taken will be forfeited.

 

If you need to cancel your Service

If you need to cancel your Service, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it. with 7 days prior notice so you will not be billed automatically for the following Term. All our Services except our Analytics Workshop are for a Minimum Term. We do not provide any refunds for any of our Memberships, Programs or Consultancy Services until the Minimum Term has expired. The initial minimum term commences at sign up, assuming we can book you in for your initial strategy session the following week. If not, the Minimum term commences the week before your initial strategy session.

After the Minimum Term, all Services will automatically renew for the further Term. And each proceeding minimum term starts on the day the new plan rolls over.

 

If you need to put a hold on your Service

Where exceptional circumstances occur during the Term of your Service, which include but are not limited to a death or serious illness, you may request that your Service be put on hold. All holds are permitted or declined at our sole discretion and are limited to circumstances in which we deem are exceptional. The maximum period for any hold is 6 months, and the Term must recommence during the 6 months. Where you do not recommence, any remaining months left on your Term are forfeited.

 

OTHER MATTERS YOU SHOULD BE AWARE OF

Except as required by law, we may at any time, and without prior notice to you:

• change and update information including availability and promotions;
• change prices or descriptions of our Services;
• discontinue any Services; and
• assign, novate or otherwise deal with our rights and obligations under this Agreement or any Other Agreement with you and the member must execute all documents which in our opinion are reasonably necessary for those purposes.

 

We comply with the Australian Consumer Law

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Services are delivered with due care and skill and in a reasonable time. Except as required by law we do not warrant the quality of the Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Services or where you fail to comply with our instructions.

 

If we need to cancel the Services, we will provide a refund

Except as required by law, all payments are non-transferable and non-refundable. We do not provide refunds for part used Services. On occasion we may cancel the Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance, we will provide you with a refund. We will notify you as soon as possible of any changes to the Services. We do not provide refunds except as required under the Australian Consumer Law.

 

We can refuse to serve you and provide Services at any time

We may refuse to provide our Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and services, any account and disable your ability to purchase a Membership/Program/Consulting or your current use of Materials. We may also terminate where there is a conflict of interest, or we are unable to agree on required actions, or where we consider you need more qualified assistance. We can also change, suspend, or stop providing Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Services.

 

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your personal use only. This licence to use our Materials in relation to the Services is for the duration of your Membership/Program/Consulting Term only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of licence fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. to seek consent.

 

RELIANCE ON ADVICE DISCLAIMER

We may provide information in our Materials and that may be classed as business, financial and/or legal advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. We are not lawyers or financial advisors. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations, or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete.

For that reason, we cannot guarantee that the information is accurate, complete, or current. We strongly recommend that you seek independent financial advice before relying on any financial information and/or independent legal advice before relying on any legal information. We also recommend that your advisors determine what state and/ or federal laws or regulations may apply to your particular business.

 

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and services or any Memberships/Programs/Consulting, including, but not limited to, any errors or omissions, price changes or discontinued Services, your reliance on any of our information, any information we provide that may be already known by you, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and services.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

• the replacement of the Services or the supply of an equivalent services; or
• the payment of acquiring equivalent services.

In any case, our liability to you will not exceed the amount of $100.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.

 

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

OTHER

This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

 

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.

Agreement means these terms, and the general Website terms and conditions and all other terms and conditions and policies published or linked to on our Website.

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Confidential Information means any sensitive personal information, any personal information as defined under the Privacy Act 1988, and any sensitive business information including business staff and system knowledge that you indicate to us is confidential during any 1:1 in person coaching session.

Fee means the Membership / Program / Consultancy fee as advertised on our website or as notified to you from time to time.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, psychological injury or distress death, property damage and legal costs.

Materials means any of our materials, and includes any videos, worksheets, spreadsheets and documents, and anything provided to you during your Services.

Payment Plan means a payment plan over the duration of the Minimum Term and usually incurs a surcharge on top of the nominated fee of 11%, and is further described on the purchase page of our website at the time of purchase or sign up.

Minimum Term means the minimum term of your Service before you can cancel which varies between 3 & 6 months depending on the plan you subscribed to.

Services means our Momentum and Mentoring plans and Consulting Services and includes all Materials.

Term means the term of your program, which is either 3 or 6 months, as determined at sign up.

We, us, or our means The Trustee for the Business School for Mums Unit Trust t/as The Elevatory [ABN 16274811411] and includes any of our directors, officers, employees, agents, partners, contractors.

Website and services means https://www.theelevatory.com and everything available on this website including, but not limited to, all Memberships/Programs/Consulting Services.

 

 

ADDITIONAL TERMS OF SERVICE FOR OUR ADVERTISING AGENCY CLIENTS

These Additional Terms of Service (“Terms”) apply to all members, or all potential members of The Elevatory [ABN 85165750890] (“we, us, our”) who also become ad account clients. These Terms together with any other terms and conditions and policies we publish or link to on our Website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.

 

ADVERTISING MANAGEMENT SERVICES WE PROVIDE:

Based on the type of Ads Management you purchase; you are entitled to following Management Services:

• Meta Ads Management
• Google Ads Management

For more information on what is included in your service and the duration of your service, please review the accompanying proposal sent to you.

 

Minimum Term:

All services are for a Minimum Term and will auto renew at the end of the Minimum Term for a further Term. If you do not wish your account to auto-renew please email us with 7 days prior notice at This email address is being protected from spambots. You need JavaScript enabled to view it.

The Minimum Term for our Ads Management Services commences when the first ad is “live”.

 

Your additional obligations

You represent and warrant that you will:

• provide us with any information requested and access required to conduct the Management Services;
• provide us with all approvals to launch ads in a timely manner, and in the time stated or within 5 business days whichever is the lesser (where no approval is given within 5 business days, your approval will be deemed to have been received).

 

You acknowledge and agree that:

• you must comply with all Meta and Google terms and conditions and advertising restrictions as modified from time to time;
• Meta and/ or Google may refuse an ad for any reason (“ad refusal”);
• the nature of Google and Meta is that changes to algorithms regularly occur; ;
• we cannot guarantee the success or performance of any campaign in respect of your business;
• we cannot guarantee that the Management Services will generate any increase in sales or business; and
• we do not warrant the accuracy or suitability of any of your ads.

You must pay all Google and Meta ad accounts directly to Google and/or Meta in accordance with their terms and conditions (“ad accounts”). You acknowledge and agree that any unpaid ad accounts can hinder optimisation of your accounts. Where there are any ad accounts that are not paid, we may suspend the Management Services until the ad account is paid and up to date.

Where Google or Meta issue an ad refusal, we will take reasonable steps to reverse the decision, however you acknowledge and agree that we may not be successful. The Management Service Fee remains due and payable including in the event of an ad refusal.

 

LIABILITY & INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Management Services, including, but not limited to, any errors or omissions, price changes or discontinued Management Services, and any results of any ads or campaigns.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

• the replacement of the Management Services or the supply of an equivalent service; or.
• the payment of acquiring equivalent services.

In any case, our liability to you will not exceed the amount of $100.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any content in your ads, any unauthorised access to your accounts, any ad refusals, and breach of Google or Meta terms and conditions.

 

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

OTHER

This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

 

DEFINITIONS

Agreement means these terms, and the general Website terms and conditions and all other terms and conditions and policies published or linked to on our Website.

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Meta includes any of Facebook’s / Instagram's family of applications including ads or ads manager

Google includes any of Google’s family of applications.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, psychological injury or distress death, property damage and legal costs.

Management Services means the management services as more fully described in our proposal, including account audit, strategy & compliance, initial set up and ongoing management and optimisation, reporting and calls, and includes all Materials.

Management Fee means the management service fee as advertised on our Website from time to time.

Materials means any of our materials, and includes any videos, worksheets, spreadsheets and documents, and anything provided to you during your Service.

Minimum Term means the minimum term of your Service before you can cancel.

Payment Plan means a payment plan over the duration of the Minimum Term and usually incurs a surcharge on top of the nominated fee of 11%, and is further described on the purchase page of our website at the time of purchase or signup.

We, us, or our means The Trustee for the Business School for Mums Unit Trust t/as The Elevatory [ABN 16274811411] and includes any of our directors, officers, employees, agents, partners, contractors.

Website and services means https://www.theelevatory.com and everything available on this website including, but not limited to, all Memberships/ Programs/ Consultancy Services and Management Services.

 

Dated: Feb 2024