Products, Courses & Coaching
Terms, Conditions, Policies & Disclaimers
Last Updated: 21st February 2020
NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our products, including instant downloads, online courses, and coaching. You are legally bound to these Terms and Conditions of Use whether or not you have read them.
This website is owned and operated by Clare Stephens trading as Empowered Action, a NSW Australia company. Our principal place of business is located at Waverley NSW. You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
- “Company” or “we” or “us” or “our” means Clare Stephens and any subsidiaries, affiliates, employees, officers, agents or assigns, including but not limited to www.clarestephens.com.au, www.photographybusinessaccelerator.com, www.yourlifethroughalens.com.au, www.kidsthroughalens.com, www.artofpricing.com and any social media groups or forums owned and managed by Clare Stephens.
- “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s)
- “Offering” refers to the online course, program, product, instant download, coaching or services purchased
- “Services” means photoshoots, photography and business mentoring, coaching and events.
- “Products” mean online courses, programs, templates, books, downloads
All Offerings, Products and Services are owned and provided by Clare Stephens (and associated entities). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You do not agree with any of our Terms and Conditions of Use, prior to purchase please email us at email@example.com and we will make reasonable efforts to remove your name, email and access to our Offering and website(s).
CUSTOMER SERVICE POLICY
Clare Stephens (and all associated entities of Clare Stephens) are committed to providing exceptional customer service and quality products and the complete satisfaction of our clients as well as the absolute privacy, security, the confidentiality of documentation and communications.
If you have any queries with any of our services or products, please review the terms and conditions for that specific service or product and please contact us immediately as we will do whatever we can to rectify any problems.
PRODUCT, COURSE OR COACHING USE AND CONSENT
When you purchased our Offering, you were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase of the Offering and further access of the Offering, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree you are at least 18 years old or of age in your applicable jurisdiction to access the Offering. Access of our Offering and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
PRODUCT, COURSE OR COACHING INTELLECTUAL PROPERTY
All images, text, designs, graphics, trademarks and service marks are owned by and property of Clare Stephens (and associated entities), or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may quote our intellectual property with clear and obvious credit back to our site and course, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.
Limited License. Any and all materials, paid or free, that You access on this or any related domains that contain our Offering are under the sole ownership or licensed use of Clare Stephens (and associated entitles).
To be clear, we own our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, funnels, email automations, email scripts, processes, Photoshop files, mindset audios, uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), Offerings(s), program(s), product(s), service materials or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering you have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.
- Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member)
- Download and/or print any Offering materials for your personal use in your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member)
- Use our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing ©Clare Stephens as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
You may not:
- Re-sell or trade Your access to the Offering
- Share the Offering with anyone else who has not yet purchased it or opted in to receive it
- Reprint or republish any of the Offering, in part or in whole
- Distribute any of the materials contained in the Offering or related materials and/or communications as your own, otherwise known as stealing
- Reproduce and tweak any part or whole of the Offering for distribution as your own work
- Use or replicate the Offering for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence or Whitelabel Agreement.
- Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials)
- Use our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)
Request for Permission to Use Content
If you wish to use, publish or access any of our content, Offering(s) or related materials, You must do so by requesting permission prior to commencing use of the same by email Us at firstname.lastname@example.org
Civil and Criminal Penalties
Even though our Offering is not necessarily something you can physically hold in your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in New South Wales, Australia by opting into or purchasing any Offering or accessing its related communications and/or materials.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third party access sites, such as Our Facebook group(s) or online software platforms that we use to distribute Our Offering and related materials, you agree that we have a non-revocable, commercial license to re-publish your submission in whole or in part unless you explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose your participation in the same.
You must own the copyright to any image(s) You use by default or voluntarily on our platforms or in our Offering or related materials. You grant Us a commercial license to any image(s) you submit to Us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.
Notification of Use
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images you submit by default or voluntarily.
It is Your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information.
Online credit card payment transactions are currently processed through Paypal and Stripe. Both Stripe and Paypal have 128 bit SSL encryption. 128-bit SSL encryption is approximated to take at least one trillion years to break and is the industry standard. Stripe processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.
All online credit card transactions performed on this site using the Stripe and Paypal gateways are secured payments.
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by Clare Stephens and associated entities or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within Paypal and Stripe's bank-grade data centre, further protecting your credit card data.
- Stripe is the authorised third party processors for all the major Australian banks.
- Stripe at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by.
By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
You have no right to confidentiality unless otherwise explicitly stated below or in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
We respect your privacy and we must insist that you also respect our privacy, as well as that of your fellow participants. In the course of your participation in the Offering, confidential and proprietary information, plans, ideas, and trade secrets will be revealed by the Company and by other participants. You agree that you will not disclose such information to any person or entity outside of discussions at Offering sessions.
You agree you will not use any confidential or proprietary materials or ideas acquired by you through the Offering or from another participant without consent or for any purpose whatsoever outside of the Offering, whether commercial, educational or otherwise. You acknowledge that all confidential material and information revealed to you is and remains the sole intellectual property of the Company or the participant who revealed it.
ASSUMPTION OF RISK
We have made every effort to accurately represent our Offerings and their potential. You acknowledge that as a participant in any Offerings purchased, that payment of the fee will not place a significant financial burden on you or your family.
By accessing our Offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and accept sole responsibility for any subsequent decisions or actions you choose to take as a result of the influence, information or educational materials provided to You.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. Information provided is not financial or investment advice, we do not conduct a financial services business and we do not recommend financial products. We do not hold an Australian Financial Services license. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or financial advisor respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at email@example.com.
We strongly believe in the value and quality of our services and products and we stand behind them. We have tested and used the strategies, scripts, funnels and automations and many clients have gotten phenomenal results in our Offerings.
We don’t believe in “Get Rich Quick” schemes, only hard work and perseverance. By law, we cannot and do not make any promises about any customer's ability to earn money using any of our tools, information, ideas and/or strategies.
You agree that You understand individual outcomes will vary. Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results. Case studies or testimonials are not indicative of typical results. Each individual approaches our Offering(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control including but not limited to time devoted to their business and marketing, their ideas, visibility, their own story and authenticity in storytelling, commitment, desire, beliefs and the level of their existing skills and/or knowledge. Therefore, we cannot guarantee Your success merely upon access or purchase of our Offering(s) or related material(s).
We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website.
Any and all forward-looking statements on any of our websites or Social Media Platforms are intended to express our opinion of what our clients could potentially achieve, but many factors will be important in determining whether they actually will. We do not make any guarantees that any individual's results will be similar to ours or anyone else’s.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, financial advice.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you.
We make no warranties as to our Offering(s) or Offering(s) materials. You agree that Offerings or Offerings materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Offering(s), or Offering(s) materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Offering(s) or Offering(s) materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third-party provider, such as Access Ally, Clickfunnels, Active Campaign, Shootproof, Acuity etc.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Offering(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our Offering(s) or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Offering(s) .
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or in relation to our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of our Offering(s) and related material(s).
ADDITIONAL SOFTWARE + SYSTEM COSTS
We have researched and tested an extensive array of available software. We recommend software that we have tested and used and we provide specific training on recommended tools, as well as downloadable templates to copy. You understand that many of the recommended software has free versions and free trials. You also understand that once the free trials have ended, the software costs are an additional investment on top of any fee paid directly to Clare Stephens (and associated entities).
You are under no obligation to use the software we recommend however using alternative software systems may vary your results and time saved.
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. This means that we may earn a commission if/when you make purchases via affiliate links. This helps to pay our team to create more content, funnels and freebies.
As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we use or have tried and tested ourselves and believe wholeheartedly will provide value to our customers and followers.
We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
The Company is committed to providing all Offering participants with a positive and productive experience. Clare Stephens and associated staff and websites are not responsible for the actions, behaviours or practices of any individual, group, or company that is involved in our community or mentioned by a member in the community.
Revocation of Access
You have the unilateral right to terminate your use and access to any of Our Offering(s). Please send an email to firstname.lastname@example.org to initiate this process. Termination will not excuse you from further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
Access to any coaching or community is conditional on agreeing to Community Guidelines in this document.
You acknowledges and agree that the Company, at its sole discretion, may limit, suspend, or terminate your right to participate in the Offering without refund or forgiveness of any remaining weekly or monthly payments if you become disruptive or difficult to work with, fail to follow Offering guidelines or Terms & Conditions as outlined in this document, or if your behaviour impairs the ability of instructors or fellow participants to participate in the Offering.
If anyone contributes to our forums or makes any public comments on any of our Websites which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).
If you are found to be slandering, libeling or otherwise disparaging our Company, Offering(s) or related materials, at our discretion You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm our Company.
We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously too.
Please note that prices exclude GST and as per Australian Tax Law, 10% GST must be charged to Australian residents. A receipt will be provided with the breakdown of the 10% GST component upon purchase.
If you have signed up for a payment plan, You hereby authorize our continued access to your financial information stored by our third-party financial processing company referenced in this Agreement until your payment plan is complete as per the order form You purchased from.
You understand that payment plans attract administrative fees and You acknowledge that your entire fee, whether paid in weekly or monthly instalments or paid in full, must be paid even if you choose to no longer participate in the Offering purchased. No refunds or credits towards other Offerings will be issued on partial payments made.
You acknowledge that You are making a commitment to pay the entire fee to Clare Stephens and associated entities in exchange for the privilege of participating in the Offering and You further agree to make all payments when they are due, as a binding financial agreement.
Cancelation of Membership Recurring Payments
Our ongoing membership Offerings use unlimited recurring payments. You can cancel at any time after the agreed number of initial payments have been made. We will let you know when the agreed initial payments have completed, and you can choose if you want to stay in the Offering or cancel future recurring payments.
Refund of Recurring Payments
In the event that after the agreed number of recurring payments have been made, that a payment is taken out and you do not wish you to continue in the Offering, you have 3 days to ask for a refund of that payment. After 3 days, you can cancel the following future payments, but a refund will not be available for the past recurring payment.
Recovery of Late Payments
If a customer's agreed weekly, fortnightly or monthly payments are not made in a timely fashion for any reason, we will suspend the customer's order or participation until the account is brought back up to date and current.
Clare Stephens (and associated entities) reserves the right to charge 1.5% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date.
$100 due 1 March
$101.50 due 15 March
103.03 due 16 March
Sent to Collections 15 April
After 30 days of outstanding payment, Clare Stephens (and associated entities) reserves the right to send you to a debt collection agency, upon which you will owe the total amount of any outstanding payments plus any collection costs.
This action may result in your loss of credit rating and/or court action against you. You may also be responsible for any recovery and/or legal fees incurred by us during this process.
Use of Third Party Financing
If the customer finances their purchase using third party financing, such as Payright, the customer acknowledges that they understand the terms of that agreement on submission of the application. The customer acknowledges that this is a binding financial agreement between the customer and Payright, not between the customer and Clare Stephens or associated entities. You can read Payright Terms & Conditions here.
You agree to make every attempt to file a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
Please choose carefully. We have strict refund policies in place. Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified below.
Please do not purchase if you just want to "check it out." We put an extraordinary amount of time and effort into our Offerings and we expect you to do the same. Our Offerings are for serious, committed students only.
Refunds on Instant Access Offerings: Instant access includes but is not limited to funnel templates, PDFs, automations and courses where you can access the entire Offering as soon as you purchase such as Sold Out Mini Sessions. Our refund policy on instant access and downloads is that these are non-refundable. Why? Simple really. We don't sell dresses or socks. Instant Access Offerings accessed can be downloaded immediately on purchase and cannot be returned. Telling us you haven’t downloaded or used the Instant Access Offering will not be deemed an exception to this refund policy.
Refunds on Online Offerings: Online Offerings include but is not limited to The Photography Business Accelerator Essentials Program, Beginner Bootcamp and Perfecting Portraits. We strongly believe in the value and quality of our courses, and we stand behind them with a 7-Day satisfaction guarantee. Please note, this 7 day guarantee is conditional on you demonstrating that you wholeheartedly have made your business and your changing your mindset a priority and still don’t see the value. To be given a refund, you must contact us within 7 days of purchase, access all of the Offering materials from the Pre-work and Module One, provided us with proof of completion and agree to a 30-60 minute phone call to discuss why the Offering was not a good fit for you. Otherwise, the guarantee becomes null and void.
Why? Because we know from personal experience how easy it can be to second-guess yourself and your instincts. How those little voices can pop into your head and talk you out of doing "scary" things (when you know those scary things are going to help you achieve your scary goals). How easy it is to say, “Oh, no, I don’t really need this”, "I could really do with that money back right now" or "Eek.. I'm so busy and didn't get a chance to do what I said I would!" or even just "Oops! Changed my mind!"
So Clare is doing the thing you are paying her to do. Clare is helping you to keep your commitments to yourself by putting her foot down about making excuses.
You can’t get results from something you don’t do. It’s as simple as that.
We know that if you do the work, you'll get extraordinary value.
If you do the work and don't get value, we don't deserve your money. It's that simple.
Refunds on Coaching Offerings: Coaching Offerings include but are not limited to 1-1 or group coaching, NLP sessions and the PBA Evolution Program. For these coaching offerings we offer a 3-day cooling-off period, provided no coaching has been given in those 3 days. Any Coaching Offerings are non-refundable after 3 days. Coaching is full of over 11 years of our knowledge and experience, and once our coaching time has been given, you can’t return it.
We will happily support you to ensure your success within the Offering. We believe that you get out of life what you put in and the more committed you are to succeeding, the more energy you will put in and the greater results you will see. This is not a quick fix though, you will be required to diligently apply all the strategies to improve your business and your life.
Your level of success depends on the time You devote to Your business and marketing, Your ideas, visibility, authenticity in storytelling, financial backing, Your background, commitment, desire, motivation and the level of Your various existing skills and/or knowledge, as well as your mindset and the beliefs you hold around success.
You are 100% responsible for the results you get in your life.
So be the type of client you would like to attract.
Respect your time. Respect Clare's and her team’s time.
And respect the decision you already made, to invest in yourself, your business and your future.
Refunds on Events: Paid Tickets to Events are non-refundable. You may, with our permission, on-sell your paid ticket to someone else as long as it is more than 10 days prior to the event date. All Events require You to RSVP to confirm your attendance and pay a small Confirmation Deposit on top of your Ticket price. This Confirmation Deposit will be refunded to you within 48 hours of You attending the event. If you do not attend, the Confirmation Deposit is not refunded. If you cannot attend the event, let us know and your event ticket can be transferred to the next event date and you will need to pay the Confirmation Deposit again to confirm your spot. All event tickets, whether they are paid or are a bonus must be used within 12 months.
Refunds on Bonuses: Bonuses include but are not limited to courses, coaching, community groups, downloads, videos or Events. The bonuses are exactly that - bonuses. Your attendance, use or contribution in any of the bonuses provided is by no means mandatory. Bonuses are not redeemable for cash or other bonuses. Bonuses can be taken away at anytime, should they not be gratefully received or appreciated.
Reasons We Will Not Refund
Here are some reasons you will not get a refund (including but not limited to):
- Change of mind
- Not reading Terms & Conditions
- Making a wrong decision
- Being too busy
- Not ever logging in to the Offering
- Deciding you need the money for something else
- Spending too much at Christmas and trying your luck
- Closing your business
- Going on holidays
- Not getting along with others in the Offering
- Not needing bonuses including coaching
- Personal life dramas
- Pausing the Offering and not coming back on the Pause Return date.
- Technology downtown for third-party software
- Any requests for refunds outside of the 3-day cooling-off period (if relevant)
- Any 7-day satisfaction guarantee refund requests who don’t provide proof of completion within 7 days or attend the 30-60 minute phone call within 7 days to discuss why the Offering was not a good fit for you.
- Any other reason after the first 7 days from purchase
Online Training Portal Offerings that have lifetime access will be there for you when you are ready to use them.
For Offerings that have a time limit such as coaching, you don't get money back from a gym or a concert simply because you decide not to attend, so the same goes for buying our Offerings and not using them.
Simply doing much of the mindset work in our Offerings will help you overcome many of the excuses cited above.
PAUSING LIVE COMPONENTS
*This relates to our PBA Essentials and PBA Evolution Offerings ONLY.
From time to time, exceptional circumstances do arise where you might need to “pause” the live component of the Offering. These are extraordinary circumstances that are judged on an individual basis by Clare Stephens.
Often when you feel that you need to take a break - this is exactly the time that you need to “lean” in and ask for more support. We do not recommend breaking the momentum of the coaching portion of the Offering as you lose momentum in your results.
You can request to Pause your live coaching by contacting email@example.com. If we agree to Pause your coaching, you will agree to pay a small Pause fee and confirm your Pause Return date and new Finish Date for the live component of the Offering. Pausing of any live component of an Offering is 4 weeks unless there are extenuating circumstances for longer. This will be determined on an individual basis by Clare Stephens. Pausing is not available if You have less than 3 weeks remaining in your live component of the Offering.
The Pause Return date and the new Finish Date cannot be changed once the student commences the Pause of their bonus coaching. It is the responsibility of the student to remember to request access to return to the bonus coaching community on the agreed Pause Return date. Failure to do so will result in any coaching not used between the Pause Return Date and the new Finish Date being forfeited by the student.
Please note: this is not a pausing of your payment. If you are on a payment plan, the payments continue as agreed regardless of if you pause the coaching component of the training.
LIVE COMPONENT START DATES
This relates to our PBA Essentials and PBA Evolution Offerings ONLY.
We recommend you commence the live components of your Offering immediately on purchase, to keep Your momentum and motivation and commitment to change! The sooner you get our support, the sooner you get results. You can however, nominate a start date for up to 4 weeks in the future. As soon as you purchase you get access to pre-work and Module One. Please bear in mind that the 7 Day Satisfaction guarantee commences from the date of purchase, not the date of live coaching.
You can change the start date of your live coaching prior to commencement, for up to 3 months only. It is your responsibility to contact us when you are ready to commence the live coaching. Any unused live coaching will not be refunded.
If you have are part of our free community or have purchased or been given bonus access to our Community through one of our Offerings, we have strict guidelines. To keep our Offering(s) community supportive and inspirational for you and everyone else - please make sure you read the following guidelines.
Community Motto: BE the customer you would like to have in YOUR business. BE the community member that you would like to have in YOUR community.
Support: All technical or administrative problems or questions must be sent as an email to firstname.lastname@example.org. You’ll get a response via email within 2 business days.
While we try to ensure a harmonious community environment, we are not responsible for:
- Your relationships with other members of the community
- Content of other member’s posts inside the community (although we’ll remove anything inappropriate, just flag it) or outside the community
- Your results (only you are responsible for your results).
- All posts should fall under these categories: #ASK #WIN #AHA #GIVE: Share your #wins and #ahas as often as possible! What you focus on expands, so make sure you are focus on what you want, not what you don’t want. The more you participate, the better results you will get. It is NOT bragging to share what’s working for you. By sharing you can help and inspire others. We encourage and welcome your wins at every step in your journey, big or small!
- Search the community before asking a question: There is a very high probability that your question has been answered before in the Community. You can easily search inside the Community on the side search bar on Desktop or the top search bar on Mobile. “Your Biggest Resource is Your Resourcefulness!”
- Be mindful of the energy you bring to the community: In particular, pay attention to the language you use. Words like “overwhelmed,” “frazzled,” and “frustrated” affect the energy of the entire community (and may not represent you in a light you would like). You can ask for constructive feedback on a challenge you’re facing but come from a place of strength versus being a victim. We expect all members to have a high level of emotional intelligence.
- Pose your questions to the entire community: The community is all about the power of the collective. If you have a question, chances are someone else has the same question. By posing it to the entire community, you’ll be helping yourself and others at the same time.
- Help each other out, pay it forward and answer each other's questions: Everyone brings knowledge, experience, and skills to the community. Plus, when you need help, others will be more inclined to help you.
- Support each other’s businesses and social media pages: We try to make sure we follow everyone so if we've missed you, let us know!
- Make it easy for people to engage and read your posts: Keep your posts short, use appropriate paragraphs and spacing and upload screenshots or links if you want specific feedback (photos are easier to view than PDFs or links)
- Use the Help Desks for any software providers, to reach out for specific software tech issues: This might include but are not limited to WordPress, Siteground, Namecheap, Clickfunnels, Active Campaign, Smarterqueue, Acuity, Shootproof. These companies are experts in their own software, not us.
- Test your own funnels and automations first before expecting someone else to test it for you: Testing simply means pretending to be a client in your own funnel. There are test checklists and explainer videos inside the Tech Library that we expect you to use as a first resource before asking for help.
- We have new members joining every week: please be mindful of their experience going through the community for the first time and make sure you make them feel welcome.
Breach of Community Guidelines
To ensure you don’t accidentally breach the community guidelines, these kinds of posts and behaviour breach our Community Guidelines:
- "Lazy" posts: where instead of you spending your own time to search the community, check your emails or look in the announcements, you expect someone else to spend their time looking up the answer for you.
- Links or mentions of spin-off groups (these aren’t allowed and breach copyright)
- Self-promotional posts where the intention is to try to sell to another member of the community
- Promoting other courses or products other than Clare Stephens’ Offering(s)
- Off-topic questions ( anything other than what is covered in Offering content)
- Complaining, negativity, whining - including using words like “behind”, “overwhelmed” or “can’t”: Anything that keeps you stuck in victim mode. In our community, we talk about what is POSSIBLE, not what’s a PROBLEM. We believe we are co-creators of our own reality and take responsibility for our current circumstances. Words are powerful. This program isn’t a race. You are exactly where you need to be right now.
- Private messaging or text messaging Clare for any reason: All questions must be emailed to the helpdesk - they will determine if Clare needs to respond directly.
- Private messaging or otherwise soliciting other members of the community for support or help especially if they haven’t offered it to you first. Ask the question in the community for everyone's benefit.
- Sharing anything outside of the community: especially anything that may breach another student’s confidentially;
- Sharing or copying any material with any non-member: Offering(s) materials are protected by Copyright and Intellectual Property laws.
- Sharing anything that is the copyright is the property of somebody else
- Sharing anything that might cause a breach of any law or other obligation
- Sharing anything that might be defamatory, offensive, pornographic, threatening, abusive, liable to incite hatred or a breach of privacy or confidentiality
We reserve the right to shut down or delete posts without notice that go against these community guidelines.
Access to the Community
You have lifetime access to our Offering(s) online training portal. Lifetime access means for the life of the program as long as we ever run it (it’s not literally yours or my lifetime - if I ever decide to close it down you’ll be given ample opportunity to download everything).
Access to any paid communities is only for the duration of the paid program, as a current paying client. If your membership ends and you do not renew or upgrade, you will be removed from the community.
Termination of Community Access
We reserve the right to remove any member who breaches these guidelines, who negatively impact the community experience of another member or who impairs the ability of Clare Stephens (and associated entities) to do their job.
As per our refund policies, you are not entitled to a refund if you don’t use the community or are removed from the community.
If You and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
Information That We Collect
Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.
Derivative Data: Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
Other data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
How We Use Your Information
Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app).
Specifically, we may use the information and data described above to:
- Create and administer your account; and
- Deliver any products or services purchased by you to you; and
- Correspond with you; and
- Process payments or refunds; and
- Contact you about new offerings that we think you will be interested in; and
- Interact with you via social media; and
- Send you a newsletter or other updates about our company or website; and
- Deliver targeted advertising; and
- Request feedback from you; and
- Notify you of updates to our product and service offerings; and
- Resolve disputes and troubleshoot any problems; and
- Administer contests or giveaways; and
- Generate a profile that is personalized to you, so that future interactions with our website will be more personal; and
- Compile anonymous statistical data for our own use or for a third party’s use; and
- Assist law enforcement as necessary; and
- Prevent fraudulent activity on our website or mobile app; and
- Analyze trends to improve our website and offerings.
Why We Disclose Your Information
The following are specific reasons why we may share your information.
Third Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. For more information, see the “Third Party Processing” Section below.
By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Advertisers: We may use third party advertising companies to run and manage our ads to produce ads that appear when you visit our Website or mobile app. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. We cannot control the activities of such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.
Other Third Parties: We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform You if required by law.
Interaction with others: If you interact with others on our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.
Online postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.
External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third party websites before interacting with them or making purchases. They may collect different information and by different methods than we do.
Other purposes: We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.
Cookies, Log Files and Web Beacons: Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Processing Your Information
For the most part, we do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions. More detail on third party processing is detailed below.
However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and our need to conduct our legitimate business interests. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. We may process the following data:
- Data associated with your account, such as your name, address, email address and
- Data about your usage of our website, such as your IP address, geographical
information, and how long you accessed our website and what you viewed.
- Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.
- Data that you provide us in the course of using our services.
- Data that you post on our website, such as comments or responses to blogs.
- Data that you submit to us when you make an inquiry regarding our website or offerings.
- Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.
- Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.
- Data that you submit to us via correspondence, such as when you email us with questions.
- Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.
Our website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome.
We use website hosting servers/third party processors/subcontractors located in the U.S. and have received an Adequacy Determination from the European Commission, meaning that appropriate safeguards are in place to protect data once it is transferred to that country.
We retain personal data as long as it is needed to to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.
Security Of Your Information
We take all reasonable steps to protect your personal data and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us.
We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.
This website or mobile app is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use our website or related products or services. If you become aware that we have collected data of anyone under the age of 16, please contact us so that we may delete that data.
You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.
Update Account Information: You have the right to update or change any information you have provided to us. To update or delete your information, please contact us at email@example.com.
Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirm whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website.
Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website.
Emails And Communications: You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at firstname.lastname@example.org.
Marketing Communications: You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at email@example.com.
Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to our website.
California Privacy Rights
The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below.
If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please
use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.
We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns.
By using our website, you hereby consent to our Terms and Conditions of Use.
LAW AND JURISDICTION
These General Terms, Conditions, Policies and Disclaimers are governed by and construed in accordance with Australian law. You agree that you will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations. These terms and conditions are governed by the laws of the State of New South Wales. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of New South Wales, Australia.
CHANGES TO POLICIES
If we decide to change our policy, we will post those changes to this Terms, Conditions & Privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage.
Clare Stephens trading as Empowered Action
ABN: 15 402 239 234
PO BOX 809, Waverley NSW 2024