Terms

About Emilie Gomez

I’m here to help you be intentionally productive and run your business with ease so you can change the world!

  • This document sets out how I deliver my Site and Services to you (Terms). 

I am looking forward to working with you

  • Emilie Gomez, I, or me means Emile Gomez ABN 51197298731 
  • You, or your means the people or businesses who buy Services from me (Clients) and also includes people just passing through my Site for a dose of creative inspiration (Visitors).

About these Terms

1. These Terms are my house rules

These Terms are my ‘house rules’ and they apply when you visit my Site which includes my website emiliegomez.com.au, and my presence on third-party applications such as social media platforms Facebook, Instagram, YouTube, Pinterest or other platforms like Teachable

  • These Terms apply to everyone who visits my Site or buys my Services, so I’ve tried to make them easy to understand and fair. 
  • By visiting my Sites and buying my Services, you agree to these Terms and my Privacy Policy.
  • If you don’t agree to my Terms, that’s okay, but you must stop accessing and using my Sites.

2. How these Terms create an agreement with you

My agreement with you is made up of different parts

My agreement with you is set out in:

  • Service specific terms (set out on my Site)
  • these Terms, and
  • my Privacy Policy and other policies available from my Site. 

Together, these make up my agreement with you about how I will work together (Agreement)

If the different parts of the agreement are in conflict

If the different parts of this Agreement conflict with each other, the document listed higher in the above list takes priority to the extent of any conflict. 

Buying my Services 

3. Further terms may apply for specific Services

When you buy Services from me, other specific terms may apply as well as these Terms.

For example, Service-specific terms such as how long a course is available or the number of Sessions included in the package you select.

Services or Content provided at no cost

If you access Content I make available on my Site at no cost or book in for a free call with me, I may provide some general information for you.

  • You agree that this information is not tailored for your circumstances and you should use your own judgment and get independent advice to see if it is right for you in your situation.

4. Paying for my Services

  • I won’t start working on your Program until you pay (and may stop working if you haven’t paid).
    • For most Services you buy from me, you pay for them upfront or by instalments.
    • I may offer payment plans for different services
  • If you need extra Services or Out of Scope work on top of the Program inclusions, I’ll let you know the Fees and send you an invoice you’ll need to pay before I start that work.
  • The payment method you choose might have extra conditions from the relevant payment processor or by your bank (e.g. processing fees). Please check the conditions before using your selected payment method. 

Prices

  • Prices on my Sites are in AUD (Australian currency) unless I clearly say otherwise.
  • I might update my prices from time to time. I don’t have to give you notice if I change my pricing.

Out of Scope Work

I do lots of great things, but I don’t do it all. This Program does not include: 

Things I don’t doThings that aren’t included 
Ask me if you need the following and I can recommend someone or arrange it for you separately:
– Website design
– Personal errands or administrative tasks
– Ongoing support or VA work
– Copy review
– Proofreading of any copy (e.g. sales page, emails)
The following items are out of scope and are charged as extras. I’ll let you know the costs before agreeing to complete the work.
– Work outside my stated Alchemy Hours
– Extensive changes to agreed inclusions
– Add on services outside the package inclusions you’ve selected

Alchemy Hours: My standard office hours

My standard office hours when I work my magic are Monday to Friday, 9 am to 5 pm (excluding Public Holidays in New South Wales and April 30 each year)

  • Work required urgently or outside these standard office hours attracts a premium rate. 
  • I’ll let you know the rate before agreeing to complete the work.

Assumptions

You’ll need to make sure you have the following in place: 

  • You will need to ensure you complete the relevant tasks I assign to you in a timely way (such as giving me access to your systems and answering questions I ask you). 
  • Your Program might be delayed or incomplete if you don’t provide timely and full responses.

5. Cancelling or rescheduling your Program and Sessions

Lots of my different Service Packages include access to Sessions, such as coaching and collaborative discussions. I know sometimes things happen which mean you might need to reschedule a Session or shift the timeframe for a Program. 

A Program is how I talk about a package of various services I might bundle and deliver to you. It might be a once-off project package – such as a Systemised Power Session or an ongoing course such as CEO Ignited with various services included. 

  • If you need to change a Session or Program timeframes, please let me know as soon as you can. This allows me to offer the Session to others, reschedule your Session, and book new Programs. 
    • Change Notice – Session: I need at least 12 hours’ notice via my scheduling application to reschedule Sessions.
    • Change Notice – Program: I need at least 14 days notice via email to reschedule a Program.
    • Cancellation Fee (outside Change Notice): 50% x Fee
    • Late Notice Fee: AU$250
    • No show: You are not entitled to a refund and must pay the full Fees if you do not attend a Session without giving me the required Change Notice.
    • Late show: If you arrive late, I still end Sessions at the scheduled time to respect other Clients.
  • If I need to change a Session or Program timeframes, I will aim to give you as much notice as I can in the circumstances and, where possible, minimise disruption to your Program.

6. Resolving issues  

Let’s talk to resolve your issue

  • I always aim for happy Clients, so if you have any questions, let me know so I can help fix things!
  • If you are a consumer, you have certain rights under the Australian Consumer Law (ACL), and nothing in these Terms excludes your rights to Consumer Guarantees.
  • If I give you access to digital download or other Content, unless I’ve completely underdelivered on what I promised, you generally aren’t entitled to a refund.
  • If a refund is required by law, I’ll provide that refund. 
  • In other situations, I may choose to offer refunds at my discretion. I may decide to refund a portion of Fees already paid, less reasonable costs incurred for Content accessed or Services delivered and / or administrative costs.

Using my Site

7. Security

I have systems and processes to store and manage information, but in general the internet and my Sites may not be 100% secure, so please keep this in mind when visiting my Sites and sharing information online.

8. Use my Site in line with these Terms

  • My Site has materials, information, and Content which I put my own magic into creating. 
  • I love you accessing my Site and Content but you must use them as set out in these Terms. 
  • I grant you a limited licence to use my Site and Content as set out in these Terms. 
  • Any other uses of my Content are not allowed unless I first give you permission in writing.
  • See my Intellectual Property section for more details.
  • My Sites are not intended for children under the age of 13. 

Competitors, the genius I put into my Content and Site isn’t for you!

  • You must not use my Site and Content in a way that competes with my business or breaches my IP rights.
  • If you want to make magic together or license my Content for your own use, then please reach out for a chat.

I don’t tolerate bad behaviour on my Sites

  • When you use my Site and Content, you must not do (or try to do) anything unlawful or which I reasonably think is inappropriate or might damage my reputation.
  • You must not modify my Site, or knowingly send viruses or other disabling features that may damage or interfere with my Site.
  • Engaging in this kind of bad behaviour may result in me reporting you to relevant authorities and/or removing your access to my Site and Content without notice.

Affiliate links

I have partnerships with some third parties who offer products and services I love. Some of the links on my Site are affiliate links, such as on my Resources page. 

  • This means I may earn a small commission if you purchase after clicking otn these links. 
  • I’ll disclose when something is an affiliate link or paid partnership, so that you can make an informed decision about your purchase.

Closing down my Site or excluding you from my Site

I may, from time to time and with little or no notice, close my Site or parts of it.

  • Generally, I aim to give my Clients reasonable notice of material changes to your Site access.
  • I can exclude Visitors from my Site if they engage in the bad behaviour mentioned above
  • I’m not responsible for any loss or damage you suffer in connection with my decision to exclude you from the Site or close down the Site.

Accessing the Site 

I do not promise my Site complies with any laws outside Australia. If you access my Site from outside Australia, you do so at your own risk (ooh you rebel, you!). You are responsible for following the laws that apply where you access my Site.

Using Content and Intellectual Property 

9. Ownership of Intellectual Property (IP)

When I create content specifically for you

  • You own all Intellectual Property rights in content I create for you after I receive payment, as specified in my Program Overview with you.
  • I retain ownership of all rights in that content until you pay my Fees in full.
  • On full payment, I transfer ownership in the created content deliverables to you.

For example, if I collaborate with you to develop a new onboarding process strategy, you own the report detailing the strategy content (provided you pay me in full!) for your own personal business use and I retain ownership in the frameworks used to develop the strategy.

10. Using my creative Content

I own or licence all rights (including intellectual property rights) in my Site and all Content

Content means all tools I create, develop, or use to supply the Site and Services which might include access to written information, video, audio, digital products, workshops, strategy plans, content on my Site, and / or webinars.

As part of the Services I supply, I may include access to some of my own Content. 

  • I own all Intellectual Property rights in my Content. 
  • I don’t guarantee a specific type of Content will be available for a set length of time and some Content is only available on a limited or single-use basis. 

Your obligations when using my Content

I own all Intellectual Property rights in my Content. 

  • Accessing my Site or Content does not grant or transfer you any rights in my Site or Content. 
  • Buying my paid Content gives you a limited licence to use that Content for your own personal use.
    • As long as you give me credit by linking back to my Site (e.g. via Emilie Gomez via @emiliegomezbiz), you can quote me & re-post up to 100 words on another site.
  • However (*serious voice*), unless you get my written permission first, you are not allowed to:
    • Sell or re-use Content for commercial purposes (hands off copy cats!!);
    • Re-post my Content in full elsewhere; or
    • Change, edit, copy, or use, in whole or in part, any Content (except when it is supplied to you for that purpose); 
    • Breach IP rights connected with my Site or Content, including changing my Content, causing a Resource to be added to another website or creating derivative works from my Content.

Using Content that is included as part of Services I provide you

  • I grant you a limited license to make use of my Intellectual Property within my Content to the extent needed for you to use Services I provide you.
  • Unless I give you permission in my agreed Program Overview, you must not copy or create derivative, imitative works of my Content or sell or claim ownership to my Content
  • In addition to being annoyed with you, if you misuse my content, I may take action to protect my rights without further notice to you.

If you have questions or want permission to use Content, let’s have a chat about collaborating.

Content may change

I may change Content from time to time.

For example, bonus classes or masterclasses that are included with a course may change from time to time.

User Content you post to the Site

I may let you post or submit information or content to the Site (User Content). If you post content to my Sites, you grant me a broad global, royalty-free licence to use that content as I see fit. 

For example, reposting positive comments you make on my Site about Emilie Gomez.

  • This means I might use & publicly display your User Content on my Sites.
  • If you make User Content available on my Site, you are fully responsible for it. 
  • I don’t endorse or approve, and are not responsible for, any User Content. I can remove User Content at any time.

Testimonials and feedback you give me

  • If you give feedback in a public forum, you give me permission to use that content and related personal information publicly.

For example, I may take a screenshot of a positive Google review or Instagram story and use that material to promote my business.

  • If you send private feedback, you give me permission to use that content anonymously on my Sites. I won’t attach private feedback to you by name without getting your permission first. 
  • If you give permission and later change your mind, let me know and I’ll make reasonable efforts to remove it.

Results and expectations

11. Results from my Services 

Your results depend on many different factors

I cannot and do not guarantee particular business outcomes for buying my Services. Business outcomes depend on many different factors including:

  • current process and business knowledge, systems implementation (in-house or using external parties), market factors, changes in technology,
  • your ability and willingness to follow and implement my recommendations,
  • resources, systems, and team members you have available to implement strategy,
  • accuracy and completeness of information you provide me, and other factors.

12. I use reasonable care + skill

I use reasonable care and skill to deliver Services to you, however you agree that:

  • I cannot and do not promise my Services or Content will be continuously available or fault free;
  • If things outside my reasonable control impact on my ability to supply the Service, you agree I am not responsible for impacts on you as a result; and

For example, if you or your team don’t complete tasks assigned on time or misinterpret my advice so the automations I create cannot be finalised or do not work, I’m not responsible for that outcome.

  • Services and related content are provided in good faith, based on information you provide me, and you are responsible for your use of my Services.
  • You understand that changes in your chosen software platform features or service plan tier, number of team members, services you offer, strategic developments in your chosen market. and other factors might mean my strategic advice is no longer accurate or as impactful as intended, despite my best efforts.

For example, if you or your team give me incorrect process steps when providing background information, and I rely on that information to provide you strategy or build automations,  then I’m not responsible for incorrect process flows or extra services that might be needed to correct the error.

13. Paying for losses and limiting liability

If you cause me loss, you’ll need to compensate me 

  • You must pay me for any loss you cause me that arises from your use of the Site or your breach of these Terms (such as misusing my Content).

To the extent allowed by law, you must pay for costs I incur caused or contributed to by:

  • inaccurate or misleading info you give me, 
  • your breach of these Terms or my other policies,
  • your breach of any applicable laws or regulations, or 
  • your use or misuse of Services or my Content. 

For example, if you misuse my Content by re-selling it or claiming it as yours and I suffer loss, you will need to pay me for that loss.

Limiting my liability to you

Nothing in these Terms restricts consumer laws that may apply to your purchase of my products and services. 

  • To the extent allowed by law, I exclude all liability for claims by you or a third party for all forms of loss or damage, including loss or inaccuracy of data or loss of business profits or revenue.
  • Unless I directly cause your loss through negligence or wilful misconduct, I am not responsible for loss from you using my Site, products, or services (or inability to use).
  • Where I can’t exclude liability, my total liability to you is limited to me re-supplying the relevant Service to you or, if applicable, paying to you the cost of paying someone to re-supply the relevant Services to you.

General details

14. General agreement details

Changes to these Terms

  • I can change these Terms from time to time, so check over them when you visit or buy from me to make sure you’re still ok with them.
  • I do not promise to keep my Site updated, so I am not responsible if my Content or info are inaccurate or out-of-date.

Changes to my Services

From time to time, I update pricing or descriptions of Services on my Site.

  • I might need to refund or cancel your online orders if my Site information or products and Services are incorrect. 
  • I try to do this within a reasonable time of realising the error.

Other terms for my Sites

  • Passwords: If I give you a username and / or password to access Site features or Content, you must keep those details confidential. You are responsible for any unauthorised use or misuse of your passwords and resulting use of the Site and Content.
  • No waiver of rights: The delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.
  • Invalid terms severed: If a court of law decides one or more parts of these Terms are invalid or unenforceable, those parts are severed from these Terms and other parts remain in full force and effect.
  • Governing law: The laws of the State of New South Wales, Australia governs these Terms.

15. Dictionary

Capitalised words have the following meanings

  • Confidential Information includes all material, IP, non-public, business-related information disclosed or made available to the receiving party through any means, relating to a party’s business but excludes information that, without breaching this agreement, is already public or known to the receiving party.
  • Content means all tools I create or use to supply you a Service, which might include one or more of the following: access to videos, written information, audio, lessons, digital products, classes, workshops, training plans, feedback, advice, programs, content on my Site, digital products, eBooks, and / or webinars. Emilie Gomez always retains ownership of all Content.
  • Clients means the people or businesses who buy Services from Emilie Gomez. 
  • Fees means the charges you pay to me for the Services I provide, as set out in a Program Overview or as otherwise agreed with you.
  • Intellectual Property (IP) means any and all of the following in any jurisdiction throughout the world: trademarks and service marks, including all applications and registrations, and goodwill connected with the use of them, patents, copyrights, Site, and internet domain names, including all related applications and registrations, trade secrets and confidential know-how, other intellectual property and related proprietary rights, interests, and protections. my Content forms part of my Intellectual Property.
  • Program means the bundle of various Services I agree to provide to you, as set out in a Program Overview on my Site or in a separate document with you.
  • Program Overview means the Service specific details about a Program which outlines the type of Services you buy, the length and type of Program, the included Content, as well as the applicable Fees. The Program Overview may be in the form of a document or as part of my digital sales process.
  • Services means the various Packages, marketing and strategy products and services I offer from time to time, including online courses, coaching, consulting, webinars, workshops, courses, and other related products and services 
  • Session means scheduled time I agree with you to spend working to help your business and providing my Services to you.
  • Site includes my website emiliegomez.com.au, and my presence on third-party applications such as social media platforms like Facebook, Instagram, YouTube, Pinterest or other platforms like Teachable.
  • Visitors means people passing through my Site for a dose of creative inspiration.

Please reach out if you have any questions or notices about these Terms or my other policies.

Last updated: 11 March 2022

Created by Checklist Legal