Swift Ventures Pty Ltd
Program Terms and Conditions
Thank you for choosing Swift Ventures. These terms and conditions govern the relationship between the parties. By clicking “accept”, “ buy now”, “purchase”, or any other phrase on the purchase button, entering your payment information, or otherwise enrolling,you agree to the terms and conditions set out below (‘Terms & Conditions’).
These Terms and Conditions are read in conjunction with the information on the website at www.ellieswift.com (‘Website’), booking page on the Website (‘Booking Page’) and any related program information page of the website (‘Information Page’).
- Parties and Programs
You are the Client, and your details are set out on the Booking Page of the Website.
Swift Ventures Pty Ltd (ACN: 630 511 607) t/a Ellie Swift of 81-83 Campbell Street, Surry Hills, New South Wales (‘Swift Ventures’).
Swift Ventures offers business mentor supporting coaches, creatives and consultants building sustainable & profitable businesses using the Swift Marketing Method®. Swift Ventures offers the following programs (‘Programs’). Your selected Program is referred to throughout as the Services.
Swiftmind Scaled – 6 months (minimum)
This program is for clients building to multi 5 figure months in their coaching, creative and consulting business.
- 2 x group calls every month
- 4 x 50 minute call with a support coach
- 2 x 60 minute call with Ellie Swift
- 1 x monthly live training with Ellie Swift per month
- copy reviewed fortnightly
- a monthly tech call with Swift Ventures’s online business manager
- access to a private slack channel
- guest trainings
- access to all content in Swiftmind and Swiftmind Scaled
Swift Inner Circle – 6 months (minimum)
This program is for clients building million dollar businesses.
- 2 x group calls every month
- 4 or 6 x 1:1 calls with Ellie Swift, depending on prior agreement
- copy review
- access to a private slack channel with Ellie Swift
- access to a private group slack channel
- guest trainings
- access to all content in Swiftmind and Swiftmind Scaled
This is for clients offered the option to work with Ellie in a one-off format.
- 2 x 45 min 1:1 calls with Ellie, 2 weeks apart
- A document provided by Ellie as a summary of the calls + strategic recommendations moving forward
Soulful Sales Intensive – Evergreen
This program is for clients wanting to learn a soulful sales process.
- access to 20+ videos in Kajabi
- access to 9+ workbooks
- access to a group slack channel with Ellie Swift for 3 weeks
The Mastermind Model – Evergreen with access to Q&A in Kajabi and drip fed content.
This program is for clients wanting to learn a mastermind model.
- Drip fed access to 40+ videos in Kajabi
- access to 20+ templates and done-for-you resources
- access to 3 x bonus group calls
- Questions asked to Kajabi portal for 3 months after first module is Live
The Scale Micromind – 10 weeks
This program is for clients to create, sell and scale their current or future mastermind.
- 5 x group calls
- 1 x 60min 1:1 session
- A review / audit of your mastermind and bespoke recommendation of upgrades provided in Google doc
- Copy reviewed bi-weekly
- Daily Slack support
- Group tech call
- The Engagement
- Swift Ventures agrees to perform the Services for You, for the fee, terms and on the date/s as set out on the Information Page or agreed to in writing by the parties.
- Swift Ventures agrees to commence the Services upon enrolment and payment by You.
- The Commencement Date is outlined on the Information Page or as otherwise advised.
- Both Parties agree that the Services will be provided online.
- Swift Ventures will only provide you with a refund of the services fee in the event they are unable to continue to provide the Services (the ‘Refund‘).
- You agree to pay Swift Ventures the fee as set out on the Booking Page.
- The Fee payable to Swift Ventures to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be performed by Swift Ventures.
- You agree to make payment of the Fee via the Website, by the due date of your respective payment option.
- If any payment under these Terms & Conditions is not made in full on the due date, Swift Ventures is entitled to charge You interest at the rate of 5% per annum, calculated daily.
- You agree that if You default on any payments due and payable under these Terms & Conditions, any costs incurred by Swift Ventures for steps taken to enforce payment terms will be recoverable and payable by You.
- Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
- You must notify Swift Ventures of an intention to terminate the Services as soon as practicable through e-mail to firstname.lastname@example.org and abide by the following termination policy (‘Termination Policy’).
- With the exception of clauses 4.5 and 4.6 below, the Services are non-refundable. This means that if you wish to terminate the Services early, for any reason at all, all unpaid amounts of the Fee are non-refundable. Where applicable, if You are unable to attend a group session, you will not be provided with a refund.
- Swift Ventures stands by this Termination Policy to ensure that all participants are fully committed to the Services for the duration of the Program.
- For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Services early, Swift Ventures reserves the right to immediately collect all outstanding amounts of the fee without notice by charging your method of payment, and your access to the Services will be revoked.
- In relation to Swiftmind, 6 Figure Circle and Swift Inner Circle, if unforeseeable circumstances arise that cause you to need to terminate one of these programs early, You may apply to Swift Ventures in writing by email to email@example.com and request an early termination of the program. The approval of such a request will be at the sole discretion of Swift Ventures. For the avoidance of doubt, change of mind is not a valid reason for requesting an early termination and any application citing change of mind will not be accepted.
- If Swift Ventures agrees to an early termination request made under clause 4.5 above, an early termination fee will be payable by you in an amount equivalent to 60% of the total Fees payable(‘Early Termination Fee’). This amount is required to be paid upon early termination, at which time your involvement in the Services, and access to all inclusions, will cease.
- In relation to the Soulful Sales Intensive program and The Mastermind Model, a 14-day money-back guarantee applies to this program. If you decide, for whatever reason, that this program is not the right fit for you, you may apply for a full refund of all monies paid within 14 days from the program’s start date. Any request for a money-back guarantee must be made in writing by email to firstname.lastname@example.org and be received by Swift Ventures within 14 calendar days from the start date of this program, and such a request must be accompanied by evidence that You have completed the first module videos and workbooks in kajabi. For the avoidance of doubt, if a request made under this clause is not accompanied by the evidence required or is received by Swift Ventures after 14 days from the program’s start date, you will not be entitled to a refund and the request will not be accepted.
- For the sake of clarity, the provisions relating to a request for early termination of a program does not apply to the Soulful Sales Intensive program, and the 14-day money-back guarantee only applies to the Soulful Sales Intensive program, and does not apply to any other program offered by Swift Ventures.
- Swift Ventures reserves the right to terminate Your involvement in the Services for breach of these Terms & Conditions, including your failure to communicate and engage for more than 30 days, with 7 days notice by e-mail.
- If Swift Ventures terminates the Services, You agree to pay Swift Ventures for the portion of the Services completed up to the date and time of termination.
- Swift Ventures will only provide You with a refund of the Fee if Swift Ventures is unable to continue to provide the Services (the ‘Refund‘).
- Cancellation and Rescheduling of one-on-one sessions
- Where applicable both Parties agree to reschedule any one-on-one sessions in writing, and rescheduling will be subject to availability.
- Swift Ventures understands that things change, and therefore if you need to make a request to alter your session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Purchase Price involved.
- Delivery of Program and License Information
- Where applicable, a purchase of the Services may grant you access to the Program through an online program portal made available to You (the ‘Online Program Portal’).
- Group calls are delivered via Zoom and added to the Online Program Portal that You can access anytime.
- Content is added to the Online Program Portal throughout each Program term. Content includes worksheets, videos and audio material.
- When you purchase a Program through the Website, Swift Ventures grants you a limited, revocable, non-exclusive, non-sublicensable, 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 (the ‘Licence’).
- The Licence is valid for the life of the relevant Program and for as long as You are a participant in the Program, (‘Licence Term’).
- The Programs are intended for single-use only. Sharing of your Licence is prohibited. This includes the sharing of any login or access details, program materials, booklets, and access to any other aspect of the Program.
- Swift Ventures reserves the right to substitute any part of the Services if, in the opinion of Swift Ventures, it is reasonable to do so.
- Day-to-day communication
- Day-to-day communication for all Programs is via the assigned Program slack support group (Slack Group);.
- Unless your communication is personal or confidential, you agree to post all questions, comments, and observations to the Slack Group.
- The Slack Group helps build connections and facilitate group learning, peer support, and education.
- With any private matters such as queries regarding the Program, accounts, or personal issues, please email email@example.com.
- Emails are responded to within 48 hours during business hours, Monday to Friday AWST
- Group Coaching
- Where group coaching is included in the Services, as a participant in a Program (Participant), you expressly agree that you will not, through any means:
- harm, harass, hassle or abuse other participants; or
- send un-welcomed communication such as spam to other participants; or
- act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
- infringe the intellectual property or privacy rights of any participant or any third-party.
- Swift Ventures, at its discretion, reserves the right to remove, edit or alter any content created by you on any platform utilised in the delivery of the Services.
- Swift Ventures retains the right to deny you access to the Services at any time for breach of these Terms & Conditions.
- You agree to be open to the methods and guidance provided by or on behalf of Swift Ventures during the provision of the Services.
- Warranty for the Services
- Swift Ventures will provide You with the inclusions contained in the Program you selected. Swift Ventures makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
- The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled to cancel Your Service contract with Swift Ventures, and are entitled to a refund for the unused portion. 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.
- You are solely responsible for creating and implementing Your own business, marketing, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and any group sessions and interactions with Swift Ventures. As such, You agree that Swift Ventures 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 Services provided by Swift Ventures.
- You understand that to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance, and create the time and energy to participate fully in the Program.
Liability and waivers
Swift Ventures’ total liability arising out of or in connection with the Services or these Terms & Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- A waiver of any right, power or remedy under these Terms & Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
- The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms & Conditions does not amount to a waiver.
- Disclosure and Use of Confidential Information
- All confidentiality obligations set out in these Terms & Conditions continue in full force and effect after the completion of services.
- Swift Ventures will not disclose any confidential information to any third party without your prior consent.
- these Terms & Conditions prohibit the disclosure of confidential information by Swift Ventures with exception to the following circumstances:
- the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms & Conditions has consented to the disclosure of such information to the professional adviser;
- the disclosure is required by applicable law or regulation; or
- if the confidential information is already in the public domain at no fault of Swift Ventures.
- Copyright and Intellectual Property Rights
- Intellectual Property Rights
- You agree that any works, items, materials or information of whatever nature produced or developed by Swift Ventures or under Swift Ventures’ direction pursuant to or in the course of providing the Services will remain the sole and complete property of Swift Ventures, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of confidential information).
- If You have fully complied with these Terms & Conditions and if the works, items, materials or information referred to in clause 10.1(a) have been produced by Swift Ventures as part of the Services, Swift Ventures grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
- There is no assignment of Intellectual Property Rights by Swift Ventures to You pursuant to these Terms & Conditions.
- Nothing in these Terms & Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms & Conditions.
You hereby indemnify and agree to keep indemnified Swift Ventures against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.
You agree that Swift Ventures may use any testimonials that may be provided by you from time to time for marketing purposes.
- Mailing List
By enrolling in a Program you will be added to the Swift Ventures Mailing List (the ‘Mailing List‘), and You agree to receive promotional material, updates and other content from Swift Ventures.
- Dispute Resolution & Mediation
- If a dispute arises out of or relates to these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- A party to these Terms & Conditions claiming a dispute (the ‘Dispute‘) has arisen under these Terms & Conditions must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the ‘Notice‘).
- On receipt of the Notice by the other party, the parties must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
- If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by an independent third party as agreed or his or her nominee, and the parties must attend a mediation.
- It is agreed that mediation will be held in Western Australia.
- The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.
- All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
- If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
- In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
- No partnership or agency
Nothing contained or implied in these Terms & Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
- Governing Law & Jurisdiction
These Terms & Conditions are governed by the laws of Western Australia. In the event of any dispute arising out of or in relation to the Services, the partie agree that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Western Australia.
Any provision of these Terms & Conditions which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms & Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.
- Entire Agreement and Modifications
Both You and Swift Ventures confirm and acknowledge that these Terms & Conditions, the Booking Page and Information Page of the Website constitute the entire agreement between You and Swift Ventures and shall supersede and override all previous communications, either oral or written, between the parties.