1. About the Website
1.1 Welcome to www.scalemyclinic.com.au (the Website). The Website is operated by Scale My Clinic Pty Ltd (ABN: 68 630 535 661) (Scale My Clinic).
1.2 The Website provides you with an opportunity to browse and purchase the coaching program offered by Scale My Clinic (Program) through the Website. The Website additionally offers you the opportunity to access free resources (Resources) and book a free call with Scale My Clinic (Free Booking).
1.3 Access to and use of the Website, or its associated Program, is provided by Scale My Clinic. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, you acknowledge that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
1.4 Scale My Clinic reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
3. Purchase of Program
3.1 When purchasing a Program, you will agree to the payment of the purchase price listed on the Website for the Program (Purchase Price).
3.2 Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
3.3 By purchasing a Program, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
3.4 You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
3.5 All amounts are listed in Australian Dollars (AUD) and are exclusive of applicable taxes, including goods and services tax (GST) as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth). The Purchase Price will include GST for Australian customers. Where the services are provided to recipients outside Australia, GST will not be charged.
3.6 If you are making payments under a payment plan and fail to make any payment in full by the due date, Scale My Clinic may charge you interest at the rate of 5% per annum, calculated daily on the outstanding amount from the due date until payment is received in full.
3.7 You agree that if you default on any payments due and payable under these Terms and Conditions, any costs incurred by Scale My Clinic for steps taken to enforce payment terms will be recoverable and payable by you, and your access to the Program may be suspended until all outstanding payments are made.
4. Term
4.1 The Program operates for an initial term of 18 months (Initial Term) commencing on the date you purchase the Program.
4.2 After the Initial Term concludes, your access to and involvement in the Program will continue on a month-to-month basis, for a monthly fee in an amount equivalent to the monthly payments made during the Initial Term.
4.3 Your month-to-month access will continue until terminated in accordance with these Terms and Conditions.
5. Love It or Leave It Guarantee
5.1 Scale My Clinic wants you to be satisfied with your purchase of the Program and provides a 30 day Love It or Leave It Guarantee governed by the following terms.
5.2 If, within 30 days from the date of your purchase, you decide the Program is not right for you, you may cancel your involvement in the Program by notifying Scale My Clinic by email to [email protected] within 30 days from the date of your purchase. Upon acceptance of your cancellation notice, no further payments will be processed and you will receive a full refund of monies paid up to the date of cancellation.
5.3 Once your cancellation request has been accepted, your access to the Program will be revoked and your license to use Scale My Clinic’s intellectual property will be cancelled.
5.4 If the period of 30 days from the date of your purchase has passed, the Program cannot be cancelled for any reason, and you will not be eligible for a cancellation under this Love It or Leave It Guarantee. After the 30 days have passed from the date of your purchase, the Program is non-refundable.
6. Delivery of Program and Licence Information
6.1 Each Program purchase grants you access to the Program through the online Program platform provided, or another platform that may be used from time to time (Program Portal).
6.2 When you purchase a Program through the Website, Scale My Clinic grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Program and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
6.3 The Licence is valid for the Initial Term and for as long as your month-to-month participation in the Program continues (Licence Term). During the Licence Term, you will have access to the Program through the designated download link or Program Portal. Upon expiration of the Licence Term, your access rights will automatically terminate and you will no longer be able to access or use the Program or any related materials.
6.4 The Programs are licensed for single-user access only during the Licence Term. You must not share, sublicense, transfer, or provide access to your Licence, Program materials, digital resources, login credentials, or any other Program components to any third party. Any unauthorised sharing or access may result in immediate termination of your Licence without refund.
7. Termination and Program Refunds
7.1 Please notify Scale My Clinic of your intention to cancel your involvement in the Program as soon as possible through e-mail to [email protected] and abide by the following (Termination Policy).
7.2 Subject to your rights under the Australian Consumer Law, the Program is non-refundable outside the Love It or Leave It Guarantee period. If you wish to terminate the Program at any time outside this period, all unpaid amounts of the Purchase Price remain payable. You understand and acknowledge that when you are granted access to the Program and the Program Portal, you will have access to significant material and value provided by Scale My Clinic, which includes intellectual property, materials, processes and know-how. You further acknowledge that the content made available to you is routinely updated and is ongoing. Based on this, you warrant that this Termination Policy is fair and reasonable, takes into account the considerable value provided to you upon purchase, and it is necessary to protect the legitimate interests of Scale My Clinic’s business.
7.3 For the sake of clarity, if you wish to terminate the Program early, Scale My Clinic reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Program will be revoked.
7.4 If the Initial Term has expired and your participation in the Program is ongoing on a month-to-month basis, You can terminate your involvement by providing Scale My Clinic with 30 days written notice by email to [email protected].
8. Warranty
8.1 Scale My Clinic will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Scale My Clinic makes no warranty that the Program will meet your specific requirements or that all Participants will achieve the same results.
8.2 The Programs come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Programs, you are entitled to cancel your contract with Scale My Clinic and are entitled to a refund for the unused portion, where applicable. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
9. Disclaimer
9.1 You are solely responsible for creating and implementing Your own business, financial, marketing, mental decisions, choices, actions and results arising out of or resulting from the Programs and where applicable, any group sessions and interactions with Scale My Clinic. As such, You agree that Scale My Clinic is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Programs provided by Scale My Clinic.
9.2 You understand that the Programs, and any information You receive through Your involvement in the Programs, or through any materials and documents provided to You are not a substitute for psychological, legal, business or financial advice. Scale My Clinic recommend You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Programs. Scale My Clinic will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.
10. Information Disclaimer
10.1 Any information, advice, content or documentation provided on the Website, through the Programs, through any accompanying Program materials, Eproducts, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
10.2 All care is taken in the preparation of the information and published materials on the Website, through the Programs, through any accompanying Program materials, Eproducts, social media accounts, or on any other related platform. Scale My Clinic does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
10.3 To the maximum extent permitted by law, Scale My Clinic will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that may be incurred as a result of: (a) any inaccurate or incomplete information; or (b) your reliance on any information, advice or documentation provided through the Website, Programs, Program materials, Eproducts, social media accounts, or any other related platform.
11. Copyright and Intellectual Property
11.1 The Website, the Programs, Eproducts and all of the related material of Scale My Clinic are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Programs and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Programs are owned or controlled for these purposes and are reserved by Scale My Clinic or its contributors.
11.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Scale My Clinic, which grants you a worldwide, non-exclusive, royalty-free, revocable license to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
11.3 Scale My Clinic does not grant you any other rights whatsoever in relation to the Website, Programs or Eproducts. All other rights are expressly reserved by Scale My Clinic.
11.4 Scale My Clinic retains all rights, title and interest in and to the Website and all related Programs and Eproducts. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
11.5 You may not, without the prior written permission of Scale My Clinic and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Programs or Eproducts, for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
12. Privacy
Scale My Clinic takes your privacy seriously and any information provided through your use of the Website and/or Programs are subject to Scale My Clinic’s Privacy Policy, which is available on the Website.
13. General Disclaimer
13.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
13.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Scale My Clinic will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Programs or these Terms (including as a result of not being able to use the Programs or the late supply of the Programs), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.3 Use of the Website and the Programs is at your own risk. Everything on the Website and the Programs is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Scale My Clinic make any express or implied representation or warranty about the Programs or any Eproducts or Programs referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Programs, or any of its Programs related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Programs or any of the products of Scale My Clinic; and
(d) the Programs or operation in respect to links which are provided for your convenience.
14. Third Party Services
The Website and the Programs may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Scale My Clinic does not control any Third-Party Services. Scale My Clinic additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Scale My Clinic will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.
15. Limitation of liability
15.1 To the extent permitted by law, Scale My Clinic’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you or the cost of resupplying the Services
15.2 You expressly understand and agree that Scale My Clinic, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
16. User Generated Content
16.1 If you choose to contribute any content to the Website or any other platform operated by Scale My Clinic, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
16.2 By contributing content to the Website, you grant Scale My Clinic a worldwide, royalty-free, non-exclusive, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display Your Content for any purpose related to Scale My Clinic’s business operations. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Scale My Clinic.
16.3 Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Scale My Clinic can use that information with Your Content for advertising and promotional purposes, or any other business purpose.
16.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Scale My Clinic social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Scale My Clinic. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
16.5 Please ensure you keep your own copies of Your Content as Scale My Clinic may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
16.6 Scale My Clinic will endeavour to provide you with an appropriate credit when using Your Content on Scale My Clinic platforms, though you understand and agree this may not always be possible.
16.7 Scale My Clinic reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religious or otherwise objectionable and offensive.
17. Mailing List Registration
17.1 You may be given the option to register for the Scale My Clinic Mailing List (Mailing List).
17.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address. We collect and handle this information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
17.3 If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Scale My Clinic. You may unsubscribe from these communications at any time, and we will comply with the Spam Act 2003 (Cth) in our communications with you.
18. Indemnity
18.1 You agree to indemnify Scale My Clinic, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all reasonable actions, suits, claims, demands, liabilities, costs, expenses, losses and damages (including reasonable legal fees) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach or alleged breach of the Terms.
19. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website or these Terms, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.
20. Governing Law
The Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms.
21. Independent Legal Advice
Each party (a) acknowledges and agrees that the provisions of the Terms are fair and reasonable, (b) has had a genuine opportunity to obtain independent legal advice regarding the Terms and their effect, and (c) has either obtained such advice or has freely chosen not to do so. Nothing in this clause excludes any non-excludable statutory rights under Australian Consumer Law.
22. Severance
If any part of these Terms is found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, that part will be severed to the minimum extent necessary while preserving the intent of the parties, and the remaining provisions of the Terms will continue in full force and effect. The parties will negotiate in good faith to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision, to the extent permitted by law.