This Sales Focus Coaching Centre Online Training Website (the “Website”) is owned and operated by Sales Focus Advisory ACN 633 066 029 of Level 27, 101 Collins Street, Melbourne, VIC 3000, Australia (“SFA”). The use of this website and the commencement of any online training programmes (“Training”) on the Website is governed by the terms and conditions in this Online Training Agreement (“Agreement”).

This Agreement applies as between you, the User of this Website and SFA, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1– 16 of these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

1 LICENSE

Under this Agreement you acquire a non-exclusive, non-transferable licence to use the Materials solely for the purpose of completing the Training on the terms and conditions contained herein.

2 OWNERSHIP

SFA retains all the intellectual property rights, and other ownership rights, in the Training and the course handouts provided during Training (the “Materials”).

3 LOGIN AND PASSCODES

You have been provided with an exclusive login and passcode to participate in the training for a period of 11 months, after which your exclusive login and passcode will be removed. You must not disclose your login or passcode to anyone else and must keep them secure from unauthorised use or access. You must promptly notify SFA by email at webmaster@salesfocusadvisory.com if there is any suspected or actual unauthorised use of your logins or any other breach of security of which you become aware. SFA may take such action as it reasonably considers necessary on receiving such notice.

You may repeat the Training Programme already paid for and completed by you for the duration of the access from the date of the original access code notification to you. SFA is not obligated to answer any homework when repeating the programme.

4 YOUR OBLIGATIONS

You MUST:

(a) use the Materials and undertake the Training strictly in accordance with the terms and conditions of this Agreement and in accordance with any procedures, instructions and guidelines issued by SFA from time to time;

(b) download the Materials only as directed during the Training;

(c) use the Materials and undertake the Training only for your own business purposes in the manner intended by SFA for the use of those Materials, and not for the business purposes of any other person;

(d) keep the Materials and all information, data, and other documentation which relates to them confidential and secure. You acknowledge that the Materials are, and at all times remain, the confidential information of SFA;

(e) at all times acknowledge SFA as the author of the Materials;

(f) on demand from SFA, provide SFA with details as to your use of the Materials and Training, including the location of all copies of the Materials provided to you, the number of persons using the Materials and undertaking any Training and any other details in relation to your use of the Materials or Training as SFA may demand;

(g) pay all fees, taxes and levies arising from your licence of the Materials;

(h) take all reasonable steps to prevent a breach of this Agreement; and

(i) immediately notify SFA if you become aware of any breach or potential breach of this Agreement.

You MUST NOT:

(j) copy, reproduce, adapt, alter, add to or translate any of the Materials or do any act which infringes the copyright in the Materials;

(k) (except as permitted under this Agreement) give, lease, licence, rent, assign, transfer, disclose, display, demonstrate, publish or otherwise make available in any form the Training Materials to any other person;

(l) (except as expressly permitted under this Agreement) download the Materials, the Training or any part of any of them;

(m) allow the Materials or the Training to be used or accessed by anyone except the Nominated Participant provided with the login and passcode;

(n) in any way infringe any trade mark which is owned or used by SFA;

(o) charge any person for access to or use of the Training or the Materials;

(p) use the Materials or the Training or any part of them in training any person except a Nominated Participant; or

(q) cause or permit any unauthorised act in relation to the Training or the Materials to occur.

5. USE OF COMMUNICATIONS FACILITIES

(a) When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

(i) You must not use obscene or vulgar language;

(ii) You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

(iii) You must not submit Content that is intended to promote or incite violence;

(iv) It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;

(v) The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

(vi) You must not impersonate other people, particularly employees and representatives of SFA or Our affiliates; and

(vii) You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

(b) You acknowledge that SFA reserves the right to monitor any and all communications made to Us or using Our System.

(c) You acknowledge that SFA may retain copies of any and all communications made to Us or using Our System.

(d) You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

6 LIABILITY

You acknowledge that in entering into this Agreement you have not relied in any way on SFA’s representations, description, illustrations, specifications, skill or judgment and that you have satisfied yourself as to the condition and suitability of the Training or the Materials for your purposes.

(b) All express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability or quality of, or title to, the Materials and the Training are negated and excluded.

(c) SFA gives no condition, warranty, undertaking or representation:

(i) in relation to the condition, accuracy, suitability or quality of, or title to, the Training or the Materials (including any information or data contained in or supplied in relation to them); or

(ii) that the website or the Training will be available or accessible on a timely basis, or that access to the website or the Training will be uninterrupted or error free.

(d) You acknowledge and agree that SFA is not liable for any loss or damage, including consequential loss or damage, which in any way results from your use or non-use of the Materials or the Training (including as a result of any omission, error or inaccuracy in either of them) or as a result of or in connection with the provision of any service under this Agreement.

(e) You will indemnify SFA and keep SFA indemnified against:

(i) all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of your use of the Materials or the Training; and

(ii) all and any losses, costs, expenses and damages whatsoever and howsoever incurred by SFA in connection with or arising out of a breach by you of any provision of this Agreement.

(f) SFA does not guarantee that all advertised Training will be available at all times. SFA reserves the right, at any time and without notice, to remove, add or alter online courses to the website and/or vary the Fee for those courses.

(g) Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by the Trade Practices Act 1974 (Cth) or any other consumer legislation as amended (the “Acts”) in force in any jurisdiction where this Agreement is executed. Where SFA breaches a condition or warranty which has been implied by the Acts, its liability for breach will be limited to (where permissible by the Acts):

(i) in the case of supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent materials, or the payment of the costs of having the goods repaired; and

(ii) in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again,

whichever SFA sees fit to provide.

(h) SFA will use all commercially reasonable efforts to keep confidential all confidential information provided to SFA by you through this website.

(i) SFA has implemented technical security measures to protect the content of electronic orders and other information sent by you to SFA through this website. However, you acknowledge that SFA does not guarantee the security of the content of any order or other information sent by you. It is entirely your responsibility to satisfy yourself as to whether SFA’s security measures are sufficient for your requirements.

(j) You agree that you are responsible for keeping your username and password secure and that you will be responsible for any and all activities which occur using your username and password. You release SFA in relation to any liability arising out of unauthorised use of your username and password. You must notify your credit provider or banker, and SFA, if any unauthorised use is made of your credit card in relation to this website.

(k) This site may contain links to other sites maintained by third parties. SFA does not make any representation as to the accuracy or suitability of any of the information contained on those other sites, and does not accept any responsibility or liability for the conduct or content of those other sites. If the website contains third-party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this site does not constitute the recommendation or endorsement by SFA of any goods or services advertised by the third party. The third-party advertiser is solely responsible to you for any representations or offers made by it and for any goods or services which you agree to purchase from those third parties.

(l) Unless otherwise indicated, all intellectual property rights in all information, data, images, logos and trade marks contained in this site is owned by or licensed to SFA and all rights are reserved.

(m) SFA does not warrant that any data (including any file) obtained through this website is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software. SFA will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through this website.

(n) Without limiting any other clause of this Agreement, SFA will not be liable for any loss, damage, claim, expense, cost or liability you suffer as a direct or indirect result of any:

(i) failure of SFA to provide information about, or take or accept orders for, any particular products or services through the website;

(ii) failure of SFA to receive any electronic order or other electronic message from you or any other person using the website, or any corruption of any such order or message;

(iii) inaccuracy of any information contained on the website;

(iv) action taken by you as a result of information contained on the website;

(v) temporary or permanent unavailability of the website;

(vi) interception of, or any other unauthorised dealing with, any electronic order or other electronic message sent by you or any other person using the website;

(vii) defect in, or problem with, any computer system or communication link;

(viii) delays in electronic communication; or

(ix) unavailability of, or defect in, any products advertised on the website.

7. Services, Pricing and Availability

(a) Whilst every effort has been made to ensure that all general descriptions of services available from the Sales Focus Coaching Centre correspond to the actual Services that will be provided to you, SFA are not responsible for any variations from these descriptions as the exact nature of the services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether. Please refer to sub-Clause 13.8 for incorrect Services.

(i) Where appropriate, you may be required to select the required Plan of Services.

(ii) We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

(iii) All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

(b) In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

8. Orders and Provision of Services

(a) No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that SFA may, at our sole discretion, accept. Our acceptance is indicated by SFA sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between SFA and you.

(i) Confirmation of the Services ordered, including full details of the main characteristics of those Services;

(ii) Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;

(iii) Relevant times and dates for the provision of the Services;

(iv) User credentials and relevant information for accessing those services.

(b) If SFA, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

(b) Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.

(c) We aim to fulfil your order within 2-3 working days or, if not, within a reasonable period following your order unless there are exceptional circumstances. If we cannot fulfil your order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfil your Order within any agreed timescales, but this is not an essential term of the Contract, and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.

(d) SFA shall use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

(e) In the event that services are provided that are not in conformity with your order and thus incorrect, you should contact SFA immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.

(f) Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

(g) SFA provides technical support via our online support forum and/or phone. SFA makes every effort possible to respond in a timely manner, but we do not guarantee a particular response time.

9 TERMINATION

SFA may immediately terminate this Agreement if:

(i) you breach any term or condition of this Agreement; or

(ii) any fee payable under or in relation to this Agreement is not paid to SFA when due. (b) If this Agreement is terminated, you must immediately stop using the Materials and, at your cost, immediately return all copies of the Materials to SFA or, if required by SFA, permanently destroy all copies of the Materials and provide proof of such destruction. SFA will not be liable to refund any part of the licence fee if this Agreement is terminated.

10 PERFORMANCE

SFA may perform its obligations under this Agreement through third parties performing those obligations on its behalf.

11 ASSIGNMENT AND SUB-CONTRACTING

You may not assign, novate, transfer, encumber, mortgage or licence all or any part of this Agreement or any of your rights, benefits or obligations under it in any way without the prior written consent of SFA. You must not sub-contract any of your rights, benefits or obligations under this Agreement, or allow a sub-contractor access to or use of the Training or the Materials, unless the sub-contractor has first signed an agreement agreeing to comply with the obligations imposed on you in this Agreement, and SFA has been provided with a copy of that agreement. SFA may assign or novate any of its rights, benefits or obligations under this Agreement to any other person.

12 WAIVER

Failure or neglect by either party to enforce at any time any of the provisions of this Agreement is not to be construed or deemed to be a waiver of that party’s rights under this Agreement.

13 GOVERNING LAW

This Agreement is governed by and to be construed in accordance with the laws of the State of Victoria, Australia. Any disputes concerning this Agreement are to be resolved by the Courts or other tribunals or processes in Victoria, Australia.

14 INTERPRETATION

This document contains the entire understanding between the parties as to the licence of the Materials and use of the Training;

(b) The expiration or termination of this Agreement does not affect the rights of either party against the other in respect of:

(i) anything done or omitted to be done under this Agreement prior to the expiration or termination; or

(ii) any sums or other claims outstanding at the time of expiration or termination.

(c) Every provision of this Agreement is severable from the others and the severance of a provision will not affect any other provision.

(d) A reference to a person includes a reference to a firm, corporation or other corporate body.

15 OPERATING SYSTEMS AND BROWSER

The Presentation may use coding which some Operating Systems and Internet Browsers will not recognise correctly or play. The presentation works on a Microsoft Operating System and a Mac Operating System with most common browsers. Should the system not play, you must advise SFA within 24 hours.

15. AGREEMENT

You agree that you have read and understand the terms of this Agreement and acknowledge that these terms will be binding upon the company or entity on whose behalf you participate in the Training. You also acknowledge that if, at any time, you breach a term of this Agreement, Sales Focus Advisory may take appropriate legal action against you to recover any losses it suffers resulting from your breach.

16. COMMUNICATIONS

(a) All notices/communications shall be given to SFA either by registered post to Our Premises (see address above) or by email to finance @ salesfocusadvisory.com. Such notice will be deemed received on signing by post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

(b) We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.

Last Updated 12th December, 2023