Terms and Conditions

Additional Terms and Conditions for Kochie’s Christmas Money Makeover, brought to you by GetCreditScore

Updated on 11 November 2016.

1. Application

These terms apply to the provision of Kochie’s Christmas Money Makeover by the New You Group to the Client on the Online Platform.

2. Acceptance

The Client confirms their acceptance of these terms by submitting a Booking Form to the New You Group.

3. Cost

There will be no cost to the Client associated with the provision of Kochie’s Christmas Money Makeover on the Online Platform.

4. Marketing

By completing the Booking form and signing up to Kochie’s Christmas Money Makeover, the Client consents to receive marketing communications from the New You Group at various times.

5. Opt-out

The Client may choose to opt-out of marketing materials from the New You Group by unsubscribing at any time.

5. Term

The Term of Kochie’s Christmas Money Makeover is from 12:01am 14 November 2016 to 11:59pm 31 December 2016. At the end of the Term, the Client will no longer have access to Kochie’s Christmas Money Makeover or the Online Platform.

6. Additional items

Where applicable, by completing the Booking Form and signing up to Kochie’s Christmas Money Makeover the Client is bound by the Terms and Conditions for Kochie’s Money Makeover and Kochie’s Investment Makeover.

Terms and Conditions for Kochie’s Money Makeover and Kochie’s Investment Makeover

1. Terms and Conditions

1.1  Application

These Terms and Conditions apply to the provision of Kochie’s Money Makeover and/or Kochie’s Investment Makeover Courses by The New You Group to the Client.

1.2  Acceptance

The Client confirms their acceptance of these Terms and Conditions by submitting a Booking Form to The New You Group.

1.3  Authority to Amend

No person other than a director of The New You Group has authority to amend, vary or waive these Terms and Conditions on behalf of The New You Group.
1.4  Interpretation

Capitalised terms used in these Terms and Conditions have the meaning given in clause 10 unless the context otherwise requires.
2. Supply of Services

2.1  Supply of Services

The Client agrees to accept and pay for, and The New You Group agrees to provide Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course, subject to these Terms and Conditions.
2.2  Restriction

The New You Group does not agree to provide Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course to any person who is not resident in Australia.
2.3  Warranty

A person who completes and submits the Booking Form warrants that they are resident in Australia.
3. Bookings
3.1 Booking Form and Payment

(a)  The Client may apply to participate in Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course by completing the Booking Form and making payment to The New You Group through the Website.
(b)  The Client will pay the Course Fee by credit card at the time of completing the Booking Form unless alternative arrangements are agreed in writing with The New You Group.
(c)  The Client will not have access to the Online Platform until it has made payment of the Course Fee in full to The New You Group, and Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course commences.
(d) Submission of the Booking Form creates no obligation on The New You Group to provide Kochie’s Money Makeover and/or Kochie’s Investment Makeover courses. If The New You Group does not agree to proceed with a Course Package in accordance with a booking, it will refund the relevant Course Fee to the Client.
(e) Bookings are able to be made, paid and confirmed up until 11:59pm the day before the Course commences. Once the Course commences no further bookings are able to be accepted.

3.2  Confirmation

(a)  If the Client agrees to proceed with a Course, The New You Group will issue a Confirmation to the Client by email.
(b)  The Confirmation will include details of the Course, including:

(i)  password and access details to the Online Platform;
(ii)  the time and date on which Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course will commence;
(iii)  the time and date on which Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course will cease; and
(iv)  technical instructions for the Client’s participation in Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course, including details of the Online Platform.

(c)  The Confirmation will also include a tax invoice for the Course Fee.

3.3  Cooling Off

(a)  Subject to clause 3.3(c), the Client may cancel the Course Package within 48 hours of the issue of the Confirmation by sending an email to The New You Group (at the address shown on the Confirmation) requesting cancellation.
(b)  If The New You Group receives a cancellation request in accordance with 3.3(a) within the stated time, The New You Group will cancel the Course Package and refund any Course Fees which the Client has paid, less an administration charge of $50 if no further booking is made at the time of cancellation.

(c)  The Client may not cancel a Course Package any later than 24 hours before the Term.

(d)  To the maximum extent permitted by Law, the Client is not entitled to cancel a Course Package except as expressly permitted under these Terms and Conditions.

3.4  Course provider

The Client acknowledges and agrees that access to a specific provider mentioned in the Website or the Confirmation, including David Koch, in person or on-line is not guaranteed.

  1. Fees and Payment

4.1 Timing

(a)  The Client must pay the Course Fee to The New You Group in accordance with clause 3.1.

(b)  Full payment of the Course Fee must be received by The New You Group at least 24 hours before the commencement of Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course.

(c) If The New You Group does not receive payment by the time stated in clause 4.1(b), The New You Group may, without prejudice to any other remedy it may have, cancel Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course or terminate the Course Package.

4.2 GST

(a)  The parties acknowledge and agree that all Course Fees are exclusive of GST unless otherwise stated.

(b)  If GST is imposed on any supply made by The New You Group pursuant to these Terms and Conditions, subject to The New You Group providing a valid tax invoice, the Client must pay, in addition to any fees for such supply (unless those fees already include GST), an additional amount equivalent to the GST payable.

5.0 Course

(a)  The Course Package entitles the Client to access Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course via the Online Platform.

(b)  The Online Platform will only be accessible to the Client during the Term. Content on the Online Platform unlocks sequentially during the course of the Term and all downloadable content associated with a Course Package will cease to be accessible on expiry of the Term.

(c)  If for any reason the designated Online Platform is unavailable, The New You Group will use its best endeavours to provide an alternative platform via which Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course will be conducted.

(d)  The Client is responsible for ensuring that it has the necessary technical capacity, including internet access, to use the Online Platform.

(e)  The New You Group does not promise that the Online Platform will be error-free or uninterrupted. The Online Platform and its content are delivered on an “as-is” and “as-available” basis. The New You Group cannot ensure that files the Client downloads from the Online Platform will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Twitter from The New You Group cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of The New You Group’s control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the Online Platform.

(f)  CANSTAR Pty Limited ABN 21 053 646 165 Authorised Representative No. 443019, not The New You Group, is responsible for providing the Comparison Tables that are available to the Client on the Website and as part of the Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course. Any queries regarding the information contained in the Comparison Tables should be directed to CANSTAR.

  1. Disclaimer
    6.1 Suitability of Services

To the maximum extent permitted by Law, the Client acknowledges and agrees that:

(a) The New You Group does not warrant or guarantee any outcomes, or the suitability of, Kochie’s Money Makeover and/or Kochie’s Investment Makeover for any purpose;

(b)  any information provided by The New You Group is general in nature and not to be taken as legal, financial or insurance advice, and the Client will:

(i)  seek independent legal, financial or insurance advice from a suitably qualified advisor or institution before implementing or applying any of the information provided by The New You Group; and
(ii)  indemnify The New You Group from and against any loss or damage arising as a result of the Client’s failure to obtain independent legal, financial or insurance advice in accordance with clause 6.1(b)(i); and

(c)  The New You Group will not provide the Client with any financial product advice or other information that would require The New You Group to hold an Australian Financial Services Licence (AFS Licence), and The New You Group is not required to hold an AFS Licence to provide Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course.

6.2 Release

The Client acknowledges and agrees that The New You Group is not liable for, and the Client releases The New You Group from any Claims relating to:

(a)  any failure, error, omission or interruptions in the availability or quality of the internet, telecommunications systems or other technology during Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course;

(b)  any interference, loss or damage to any data, computer system, mobile device or any other property arising as a result of or in connection with the provision of Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course; or

(c)  any reliance on any information, document, advice or other materials provided by The New You Group on the Website or the Online Platform or in connection with Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course.

6.3 Exclusion of liability

To the maximum extent permitted by Law and subject to clause 7:

(a)  The New You Group will not be liable for, and the Client waives any right it has to claim, any loss of income, loss of profit, production, contract, customers, goodwill, opportunity or business, or any indirect, special or consequential loss or damage of any nature whatsoever arising under or in connection with Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course, the information contained in the Comparison Tables or these Terms and Conditions, whether in contract, tort (including negligence), under statute, in equity or otherwise; and

(b)  The New You Group’s aggregate liability to the Client arising out of, or in connection with, Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course is capped at an amount equivalent to the Course Fee.
7. Australian Consumer Law

(a)  Nothing in these Terms and Conditions, except as expressed otherwise in clause 7(b), will be construed as excluding, restricting or modifying any Consumer Guarantee.
(b)  The New You Group’s liability to comply with a Consumer Guarantee is limited, at the sole discretion of The New You Group, to supplying the service again or payment of the costs of having the service supplied again.
8. Intellectual Property and Privacy

8.1  Intellectual Property

The Client acknowledges and agrees that The New You Group will retain ownership of all Intellectual Property created as a result of or in connection with Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course.
8.2  Privacy

(a)  Subject to the terms of the Privacy Policy, The New You Group will only collect personal information from the Client for the purpose of:

(i)  providing Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course;
(ii)  to the extent permitted by law, notifying the Client of other services provided by The New You Group and other parties which may be of interest to the Client (subject to the Client’s right to opt out of such communications); or
(iii)  providing information to the Client which The New You Group believes may be useful or relevant to the Client having regard to the Client’s acquisition of Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course.

(b)  The Client gives The New You Group permission to collect and store any personal details and other information provided by the Client in connection with Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course, in accordance with the Privacy Policy.
9.0 Confidential Information

A Recipient must not use or disclose the Discloser’s Confidential Information unless:

(a)  the Discloser gives its written consent to disclosure or use of the information;
(b)  the use or disclosure is required by law; or
(c)  the use or disclosure is required for the purpose of performing Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course.

  1. Definitions
    10.1 Definitions

In these Terms and Conditions, unless the contrary intention appears, the following words have the following meanings:

 

Term:  Definition:
 ACL the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Booking Form   an online form located at the Website through which potential customers enrol for Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course and pay the Course Fee.
Business Day a day which is not a Saturday, Sunday, public or bank holiday in Claim
 Claim includes any allegation, action, demand, cause of action, suit or proceeding,  howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at Law, in equity, under statute or otherwise.
 Client the person who submits an Booking Form or who is named as the Client in the Confirmation.
Comparison 

Tables 

information about the comparison of various products and/or services based on price, features, and other criteria provided in response to user-defined searches.
Confidential Information                      information provided by or on behalf of a Party (Discloser) to the other Party or any of its representatives (Recipient) in relation to Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course and which:

(a)  is communicated by the Discloser as being confidential;
(b)  is by its nature, confidential;
(c)  relates to the business affairs or operating processes of the Discloser; or
(d)  the Recipient knows or ought to know is confidential,

but does not include information which:

(e)  is already known by the Recipient without breach of any obligation of confidentiality; or
(f)  is in or becomes in the public domain other than through a breach of these Terms and Conditions by the Recipient.

 Confirmation                                                the Course Package booking/enrolment confirmation issued by The New You Group for a Course Package in accordance with clause 3.2 after the payment of the Course Fee has been received by The New You Group.
Consumer a customer that is a consumer, as that term is defined in the ACL, in respect of the particular supply of Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course.
Consumer Guarantee a guarantee relating to the supply of goods or services to Consumers provided by Division 1 of Part 3-2 of the ACL.
Corporations Act Corporations Act 2001 (Cth).
 Course Fee the fee payable by the Client for Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course, as published on the Website and confirmed to the Client at the time of purchasing a Course Package and which will be set out in the Booking Form.
Course Package Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course to be provided to the Client in accordance with the Confirmation.
 GST any tax, levy, charge or impost generally imposed pursuant to the New Tax System (Goods and Services Tax) Act 1999, or any other Act of Parliament of the Commonwealth of Australia, which the parties are obliged to pay in respect of the supply of Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course.
Intellectual Property                                                                                          trade marks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights, and all similar rights in any part of the world (including know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.
Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course     the provision of general financial management information to the Client for the purpose of improving the management of the Client’s finances.
Law any law, regulation, authorisation, ruling, judgment, order or decree of any government agency and any statute, regulation, proclamation, ordinance or by-law.
Online Platfrom the online platform on which Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course is provided as set out in the Confirmation or any substantially equivalent platform notified by The New You Group to the Client from time to time.
The New You Group The New You Group Pty Ltd ACN 611 243 56
Privacy Policy The New You Group’s privacy policy published on the Website, as amended from time to time.
Term in respect of a Course Package, the period commencing on the date on which Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course commences and expiring on the final day of Kochie’s Money Makeover and/or Kochie’s Investment Makeover Course, as set out in the Confirmation.
Website http://www.moneymakeover.com.au

10.2 Governing Law
These Terms and Conditions are governed by and must be construed in accordance with the Laws of the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these Terms and Conditions.