myTerms & conditions

Welcome www.proactiveaction.co / www.proactiveaction.com.au / www.emmaparsons.com.au (our Site).

This Site gives you an opportunity to browse and purchase products and services Proactive Action Pty Ltd from here on known as PA. (PA, we, us).

These Terms and Conditions (Terms) govern your use of this Site, as well as PA’s products and services, and form a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully and contact PA at info@proactiveaction.co, if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

PA products and services are intended for people aged 18 and over.

ACCEPTANCE OF TERMS

1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.

GENERAL DISCLAIMER

1. All PA products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice.  Use caution and always seek professional advice before acting on any information that we provide.

2. PA provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.

3. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

4. You acknowledge and agree that PA, it’s director, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

EARNINGS AND INCOME DISCLAIMER

1. PA cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our products and/or services.

2. Any financial or performance representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.

REGISTERING YOUR DETAILS

1. Before you purchase our products and/or services, you must register an account with us.

2. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

3. We may at any time request a form of identification to verify your identity.

4. If you are a registered user or member of this Site, you acknowledge and agree that:

5. You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);

6. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;

7. You will immediately notify us if your Password is lost or becomes known to any other person;

8. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and

9. Any information you provide to us for posting or inclusion in our PA community, at any time, becomes our property.

10. To the extent that you provide personal information, PA will treat such information strictly in accordance with its Privacy Policy.

11. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.

12. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

YOUR OBLIGATIONS

1. When using our products and/or services, you may be given access to Facebook groups, other online or in-person forums (PA community) or events in which you may post comments, photos, messages or other material (Your Content).  When posting Your Content, you agree that you will not post or otherwise publish through this Site or our PA community any of the following

2. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.

3. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

4. Information that includes personal or identifying information about another person without that person’s consent.

5. Information that constitutes promotion or advertisement for groups, events or activities organised through competing for social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.

6. Any information or content that impersonates any person or entity.

7. Any material, non-public information about companies without authorisation to do so.

8. Any advertisements, solicitations, chain letters, pyramid schemes (Multilevel Marketing), investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

9. By posting or otherwise publishing Your Content on our Site or LOBA Community, you:

10. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

11. Warrant that you have the right to grant the above licences;

12. Warrant that Your Content does not breach these Terms; and

13. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

14. We reserve the right (but have no obligation) to:

15. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

16. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

CODE OF CONDUCT

1. Our Site and PA community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.

2. Whilst using this Site and/or our PA community, we ask that you not

3. Contact anyone who has asked not to be contacted.

4. Collect personal data about other users for commercial or unlawful purposes.

5. Infringe other user’s privacy rights.

6. Violate the intellectual property of others.

7. Post anything that contains software viruses, worms or any other harmful code.

8. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.

9. Please see our PA community Guidelines in the appendix to these Terms for more information.

CONFIDENTIALITY

1. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other PA product and/or services participants (Participants) and representatives of PA.

You agree:

1. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.

2. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.

3. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.

4. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

5. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

COPYRIGHT AND TRADEMARK NOTICES

1. All material on this Site, in our PA community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

2. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

3. The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of PA. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to PA, in any manner that is likely to cause confusion with customers, or in any manner that disparages PA.

4. Nothing contained on this Site or in our PA community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.

5. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that PA will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

RIGHT TO TERMINATE

1. We reserve the right to terminate your use of the Site, PA community or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.

2. Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content or our PA community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.

FINANCIAL TERMS

1.  The cost, cancellation and refund, if any, details of our products and services are set out below:

Product or Service

Bespoke service and packages will be quoted on a base by base basis.  Courses available online purchased via our membership portal will have the prices allocated.

If at any time you

Any time, by you or us by email to info@proactiveaction.co

** To claim under the PA Guarantee, you must email all completed homework to info@proactiveaction.co,  within 30 days of the start date of your chosen project.

1. All subscriptions are non-refundable.

2. Invoices for any PA program are not automatically provided, however they can be requested if required by emailing info@proactiveaction.co.

3. Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

4. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.

5. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without the need for notification at a future date.

6. We reserve the right to suspend or terminate any product or service, at our discretion, if payment defaults.

7. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

8. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.

9. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.

10. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.

11. From time to time, PA may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.

PA

1. For the purpose of the paragraphs below, Proactive Action, other presentations and retreats hosted by PA will be referred to as ‘Events’.

2. Events are strictly adults only (18 and over) to ensure professionalism and a quiet working environment for all attendees.

3. PA reserves the right to exclude you from any Event should you, in PA’s sole determination, become disruptive.

4. You understand and acknowledge that PA and/or its representatives or associate partners may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by PA.

5. You hereby waive any and all legal rights you may have against PA in respect of Recordings of your participation in the event and grant to PA the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.

6. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.

7. You hereby release, discharge and agree to hold harmless PA from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.

8. In the unlikely event that PA cancels an Event, you will receive a full refund of the purchase price paid for the Event. PA will not reimburse any optional expenses including but not limited to flights and accommodation.

LIABILITY IS LIMITED

1. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under Australian Consumer Laws.

2. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, PA community or Our Content.

3. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, PA community or Our Content.

4. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

1. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).

2. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.

3. Accessing websites or servers maintained by other organisations through links on our Site, PA community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.

4. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

5. Nor do we accept any costs that are accrued by attendees in associations with any accommodation, parking or food and beverage before during and after a PA event.  All accounts must be settled by attendees prior to leaving.

 

YOUR INDEMNITY

1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, PA community or through use of our products or services.

AFFILIATE DISCLOSURE

1. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our PA community.

DISPUTE RESOLUTION

1. Should a dispute arise between us, we strongly encourage you to contact PA at info@proactiveaction.co to seek a resolution. Any reasonable requests will be considered and PA will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

APPLICABLE LAW

1. These Terms shall be construed in accordance with and governed by the laws of Queensland. You consent to the exclusive jurisdiction of the courts in Queensland to determine any matter or dispute which arises between us.

YOUR FEEDBACK

1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

2. If you have questions or comments regarding this Site, or PA products or services, please email us at info@proactiveaction.co.

Company Details

Trading Name:  Proactive Action Pty Ltd
ABN: 77644090684
Country: Australia
Telephone Number: 1300 118 414
Email: info@proactiveaction.co

APPENDIX

COMMUNITY GUIDELINES

Business owners of all levels are welcome here. We have community members of all skill and experience levels.

We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed (Including the guidelines within the platform it’s used upon). Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not contravene our community guidelines.

• Business owners of all levels are welcome here.
  We have members of all skill and experience levels.

• Keep it respectful
  Comments that are inappropriately negative, rude, discriminatory, racial motivated or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything contravening that will be removed.

• No pitching to the group
  We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.

• No gated content
  Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.

• Respect confidentiality
  Content gathered in our PA community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.

• Keep it on topic
  We reserve the right to remove posts based on off-topic content or offensive content.

• Partnering with other members
  Access to this group does not mean that PA endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.

• Report posts that are breaking group policies
  Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.

• Breaking the rules
  If you are deemed to be breaking the rules of the group, PA reserves the right to remove you from the Facebook group that the offending behaviour has occurred within without notice.

​PRIVACY POLICY

1. Proactive Action Pty Ltd ABN 7764490684 (PA, we, us) is committed to protecting the information about you that we collect, store and use when you provide it to us on our website :https:/www.proactiveaction.co(Site) www.proactiveaction.com.au

2. We manage your information in accordance with the requirements of the Australian Privacy Principles (APPs) and the Privacy Act 1988 (Cth).

3. By accessing the Site, registering for our products and services, or entering your details on via ‘contact us’, you consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy.

Personal information collection and use

What we do with your personal information

4. Proactive Action collects personally identifiable information about you, being:

• 4.1 your name and job title;

• 4.2 your contact information including email address;

• 4.3 demographic information including post code; and

• 4.4 your payment details.

5. We collect, hold and use your personal information for the following reasons:

• 5.1 assist us in providing services to you;

• 5.2 contact you or respond to your queries;

• 5.3 tailor your experience of the Site and our communications to you;

• 5.4 to advertise our services and the Site;

• 5.5 for our internal administrative, marketing and planning requirements;

• 5.6 to compile and report statistics, with all the relevant personal and/or proprietary

information de-identified prior to the completion of such statistics; and

• 5.7 for purposes that are expressly permitted under any agreement with you.

To whom will Proactive Action disclose my personal information?

1. We do not disclose personal information about you publicly or to third parties unless it is authorised or required by law, or as otherwise outlined in this Privacy Policy.

2. From time to time, we may disclose your personal information (on a confidential basis) to agents and others that we use in the ordinary operation of our business, marketing and promotion, user experience research and surveys, Site hosting and support and maintenance. We will only disclose your information to the extent required for the purpose of the third party providing services contracted to us so that we may service you.

3. Your personal information will never be sold to any third party.

Site User Experience Tracking

9. We may use tracking software to review and improve your experience of our Site. 10. In particular, we may use Google Analytics Advertising products: Remarketing with

Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our site traffic via Google Advertising cookies and

anonymous identifiers. Data collected via these Google products is not linked with any personally identifiable information you submit while on our Site. If you wish to opt out of the Google Analytics data collection, you may do so on Google’s Site at https://tools.google.com/dlpage/gaoptout/.

1. We use cookies for authentication purposes and to tailor the site to your preferences. You can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

2. We may use local storage objects (LSOs) such as HTML5 to store content information and preferences

Social media features

Protecting and maintaining personal information

13. The Site includes social media features, such as Instagram, Facebook, YouTube and Twitter buttons. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by third parties and your interactions with these features are governed by the privacy policy of the company providing them.

1. We will take all reasonable steps to protect the information we hold about you from unauthorised access, use and disclosure, however we cannot guarantee that our systems and stored data will be completely free from third party interception or are free from corruption.

2. Some parts of the Site are not protected by any form of encryption to protect information you send from your computer to us over the internet. Further, no method of transmission over the internet, or method of electronic storage, is 100% secure. In light of this, we cannot ensure or warrant, and do not warrant, the security or privacy of your personal information, including payment and account details. You transmit this information at your own risk.

3. If you use our Site to link to another site we encourage you to view their terms and conditions of use, privacy policies and security statements before disclosing any of your personal information on those sites.

Accessing personal information

If you have concerns

1. It is your responsibility to advise us of any changes to your personal information to ensure we can keep our records accurate and up to date. If you wish to access the information we hold about you or make a request to have your details changed, please email

2. If you don’t want us to use your personal information in a particular manner, or at all, let us know. We’ll do our best to observe it, subject to our obligations at law.

1. If you have any concerns about how we handle your personal information or require further information, please contact our Privacy Champion.

2. This document represents our Privacy Policy as at December 2017. We may change this document from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a prominent notice on this Site prior to the change becoming effective. We encourage you to regularly review this statement to inform yourself of any amendments.