Product Agreement

Market Savvy Pty Ltd ACN 123 601 650 (Market Savvy, we, our, us, Megan Walker), provides online marketing courses, online course training, coaching programs, Ahpra-aligned AI Bot, and other training and advice for allied health and medical professionals subject to the terms and conditions of this Product Agreement.

By registering to attend or otherwise participating in any online training or course or product provided by us, you acknowledge that you have read, understood and agree to:

• this Product Agreement;
• our Website Terms of Use available at https://www.marketsavvy.com.au/pages/terms and https://www.meganwalker.com/pages/terms; and
• our Privacy Policy available at https://www.marketsavvy.com.au/pages/privacy-policy. and https://www.meganwalker.com/pages/privacy-policy 

If you do not agree with this Product Agreement, our Website Terms of Use or our Privacy Policy, you must immediately stop participating in and engaging with our products.

This Product Agreement may be amended by us from time to time. The most up-to-date Product Agreement will always be published on our website. You should check the website regularly to take note of any changes.

COURSE PARTICIPATION 

1. You understand that:
   • Payment for a course allows for participation by up to one practice owner per program.
   • Additional licenses can be purchased for a second employee from the same organisation. This participant may be a practice manager, receptionist, another practitioner or director, as notified to Market Savvy. Participation by web developers, marketing consultants, third party contractors or any other person deemed inappropriate by Market Savvy (in its absolute discretion) is prohibited.
   • Without prior written consent from Market Savvy, you are prohibited during and for twelve (12) months after the purchase of a product from directly or indirectly engaging, employing, soliciting or otherwise retaining any person who is or was involved in the course, program or training.
   • Market Savvy does not warrant or make any representations or guarantees regarding participant outcomes, success or income levels following participation in any courses, programs or training. You accept all responsibility for evaluating your earning potential as well as executing your business and services. You acknowledge that your earning potential is dependent on your own products, ideas, techniques, execution of your business plan, the time you devote to the program, ideas and techniques offered and utilised, as well as your individual finances, knowledge and skill.

INFORMATION PROVIDED DURING COURSE 

2. You understand that participation in a training or course is not a substitute for legal, accounting or insurance advice.
3. The advice and training provided by Market Savvy is for marketing purposes only. Sometimes it may include a summary or general overview of matters which may be of interest to you. It is not comprehensive and does not constitute legal advice. You should always obtain legal or other professional advice, appropriate to your own circumstances, before acting or relying on information provided to you in a course.

HEALTHPOST GENIUS

You understand that the AI Bot (HealthPost Genius) does not replace the requirement for you to understand your professional responsibilities under the Ahpra Advertising Guidelines (or your relevant governance / compliance requirements).

You understand that you must check and approve the content generated by HealthPost Genius as it should not be relied on as absolutely accurate in generating compliant content. 

Users can terminate their account and stop using the HealthPost Genius at any time by emailing [email protected]. However, termination of the account will not be possible until the subscription period paid for by the User has expired.

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the HealthPost Genius
• any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or User account or the information contained therein
• any errors, mistakes, or inaccuracies of content
• any interruption or cessation of transmission to or from the Service
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

LIABILITY AND INDEMNITIES 

4. You agree that Market Savvy, and its directors, employees, contractors, agents and representatives (indemnified officers) are in no way responsible for any personal injury, loss or death you may suffer as a result of participating in the training and courses, and you hereby agree to irrevocably and forever release, indemnify and hold harmless Market Savvy and its indemnified officers from any and all claims that you have now or may have in the future against Market Savvy (or its indemnified officers) arising out of or in connection with participation in the training and courses. Additionally, Market Savvy (and its indemnified officers) are not in any way responsible for any loss or damage of my personal property.
5. Any conditions, rights, warranties or guarantees implied by law into this Product Agreement are expressly excluded to the fullest extent permitted by law, but nothing in this Product Agreement excludes any right or guarantee you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and any equivalent state or territory legislation or other rights in relation to the supply of goods or services that cannot lawfully be excluded.
6. If the Australian Consumer Law applies to any of the goods or services we provide to you under this Product Agreement, our total liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis (Liability) to you for loss that you suffer or incur relating to our failure to comply with any consumer guarantee set out in the Australian Consumer Law is limited to (at our election):
   • in the case of the services, the re-supply of the services or the payment of the cost of having the services supplied again; and
   • in the case of the goods, replacing those goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired.
7. To the extent permitted by law:
   • Market Savvy (and its indemnified officers) excludes Liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses, whether arising in contract, tort or otherwise, suffered or incurred by any person in connection with or in any way relating to advice, training and courses provided by Market Savvy; and
   • our total Liability and the total Liability of our indemnified officers in connection with this Product Agreement whether under contract or tort, will not in any circumstances exceed the total amount you have paid us for the product to which your claim relates.

PHOTOGRAPHS & TESTIMONIALS 

8. During a live online course you are able to participate without your video being on. This will mean that the instructor and other course participants will not be able to see you.
9. Market Savvy may take photographs and/or screen recordings of you and/or others participating in a course from time to time. You will be given notice of any photograph or screen recording before it is taken and given the option to be excluded. You understand these photographs or screen recordings may be used in marketing materials published by Market Savvy, including on social media accounts.
10. Market Savvy may ask for feedback or a testimonial from you, to be used in marketing materials published by Market Savvy. You reserve the right to say no.

INTELLECTUAL PROPERTY AND CONFIDENTIALITY 

11. Market Savvy reserves all rights in relation to intellectual property created and used by it in training and courses and in any information or documentation provided during training and courses. Market Savvy has taken reasonable care to ensure that it has permission to use the intellectual property of others. Misuse of any intellectual property of Market Savvy (including distributing, modifying, transmitting, reproducing or using the content without prior consent) is strictly prohibited.
12. You agree to keep confidential all information disclosed by or on behalf of Market Savvy, its indemnified officers and any other participant in a training or course (each, a discloser). You must not disclose the confidential information except with the discloser's consent or to the extent required by law.
13. You agree that your obligations relating to intellectual property and confidential information continue after your engagement of Market Savvy ceases.

PAYMENT 

14. Market Savvy provides some training and courses for a fee and other training and courses for free. If there is a fee payable for a course you will be notified in advance.
15. Where Market Savvy provides a course for free, you acknowledge that provision of the course and your participation in the course constitute good consideration for the purposes of this Product Agreement.
16. We use third party gateways, such as Stripe, to process payments for purchases made on our website. Your use of those third party services is subject to those third parties' terms.
17. Unless otherwise expressly stated in writing, all amounts are in Australian dollars and inclusive of GST. If GST is payable, the amount of GST will be specified separately in the relevant documentation.
18. You represent and warrant that all details you provide to us for the purpose of purchasing the course, program or training from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
19. If your payment is dishonoured or reversed for any reason after it has been submitted, you must immediately make the payment again. If you do not pay the fee for a course before the course commences or within a reasonable timeframe thereafter, Market Savvy may refuse you entry or otherwise exclude you from any of its training and courses in the future.

REFUNDS 

20. We only accept returns as set out in this clause or as required under Australian Consumer Law or other laws that cannot be lawfully excluded. It is your responsibility to assess the suitability of our products prior to making a purchase. We do not offer refunds or exchanges for change of mind.
21. Where stated, we may offer a partial or full refund where you have completed the first three modules and corresponding workbook activities within fourteen (14) days of the date of purchase of the Scaled Health Practice Academy. Evidence of completion of the workbook activities within this timeframe must be supplied. 
22. In the event that the goods or services cannot be delivered on an agreed date, we will contact you to arrange an alternative time. If no alternative time can be agreed upon, we will offer a partial refund.
23. For the Scaled Health Practice Accelerator, members agree to join the membership program for a minimum of six months (paid in monthly instalments). Members must provide 48 hours notice of their wish to cancel their membership after their initial six month period or they will continue to be billed on a monthly, ongoing basis. Access to the Accelerator materials is only available for the duration of membership. There is no provision to place the membership "on hold".
24. Members of the Scaled Health Practice Accelerator can also join the program for 12 months, pay in full upfront and receive one month free. There is no provision to cancel the 12 month membership or seek a refund for a portion of the remaining membership for early cancellations.
25. New members of the Scaled Health Practice Accelerator can cancel their membership within an initial 30 day period of joining with no refund being offered for one month of membership if they can show good reason why the Accelerator is not suitable to their needs.
26. Members will be billed at the rate they joined the Accelerator while they are a member in good standing. Members who leave and rejoin the membership will be charged at the current rate of the program at that time and re-commit to the program for an initial six month period.

GENERAL 

28. This Product Agreement is governed by the laws of Queensland, Australia.

29. If any portion of this Product Agreement is deemed by a court of competent jurisdiction to be invalid, then the remainder of the agreement form shall remain in full force and effect.

30. Market Savvy may refuse you entry or otherwise exclude you from any of its training and courses for any reason, including if you do not comply with any part of this Product Agreement at any time.

Last updated: 23 August 20204.