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Privacy Policy

Terms & Conditions

These terms and conditions (Terms) are the contract between you as the online membership member (you or your) and Emma Carrera ABN 91 339 229 783 trading as “Emma Carrera” of Allambie, NSW 2100 (us, our or we).

 

By using the Membership platform through our website www.emmacarrera.com (Site), and by extension any online coaching or support platforms such as Whatsapp or Facebook, you agree to be bound by the Terms. Please read this agreement carefully and save it. If you do not agree to be bound by the Terms, you should leave the Site immediately.

1.          Definitions - In this agreement, the following words have the following meanings:

  • Content means the content that is available for you on the Site as part of our Services, including guides and resources drafted by us.

  • Membership means your membership of the Site and these Terms. It includes the membership service we provide as set out on the Site and in this contract.

  • Services means all of the services or benefits available with your Membership on the Site, including the Content.

  • Site means the Membership platform accessed through our website www.emmacarrera.com. In agreeing to these Terms you also agree to be bound by any Terms required by any other third party hosts we use from time to time.

 

2.         Our contract -

  • These terms and conditions regulate our business relationship with you. By electing to join our Membership Services, you agree to be bound by them. The contract between us comes into existence when we receive payment from you for your Membership.

  • In entering into this contract, you acknowledge and agree that you have not relied on any representation or information from any source except the definition and explanation of the Services given on the Site.

  • Subject to these Terms, we agree to provide to you some or all of the Services described on the Site at the prices set out on the Site from time to time.

  • This agreement shall operate for the period for which you have subscribed to Membership Service and will be on-going until such time as you or we terminate your Membership.

3.         Your account and personal information -

  • ·When you visit the Site, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure.

  • You agree to inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

  • You agree that you have provided accurate, up to date, and complete information about yourself to us. We are not responsible for any error made as a result of such information being inaccurate.

  • You agree to notify us of any changes in your information, such as updated credit card details or other critical personal information immediately once a change occurs. If you do not do so, we may terminate your account at our discretion.

4.         Membership -

  • Details of the cost and benefits of Membership are as set out on the Site. You may subscribe to Membership Services at any time on the basis that it is offered through the Site.

  • You may not share your their login information with anyone, or allow any other individual to access their membership or subscription areas

  • Post inappropriate, inaccurate or offensive content to membership forums and discussions

  • You do not have to take any action for these Terms to apply other than electing to be bound by the Membership. By accepting these Terms, you instruct us to give you immediate access to the Membership Services and you know that by doing so, you may not be entitled to a refund of any Membership fees.

  • You may not use the Content for business use, including any reproduction of documents.

  • Termination and renewal of your Membership by you will be as per these terms and conditions, and the details of Memberships as set out on the Site.

  • We reserve the right to change the Terms of this contract at any time, without notice. If, after such modifications, you continue to use your Membership, we will deem this as your acceptance of the modified Terms.

5.         Prices -

  • The price payable for the Membership is set out on the Site. The Membership price may be updated from time to time.

  • All Ignite Monthly Memberships are Per Month, Paid Monthly from subscription date, and billed monthly thereafter. Payment of the recurring monthly subscription will be set up via the Stripe payment portal on www.emmacarrera.com

  • You may cancel or change your subscription from month to month at any time from the ‘My Subscriptions’ section in your website login area. Please allow at least 48 hours before the date of processing to ensure the payment is cancelled allowing for time zone differences.

  • Failure of payment will cancel any membership subscription and will result in removal from any paid membership forums. 

  • The price charged for Membership will be in US Dollars, if you are located in another country, you may be charged international conversion rates and be subject to an exchange rate. You will be required to pay any additional fees in this regard.

  • Prices are inclusive of any goods and services tax or other sales tax (where it is applicable).

  • You will pay all sums due under these Terms and your Membership by the means specified without any set-off, deduction or counterclaim.

  • While we honour the Australian Consumer Law and will refund or exchange faulty goods or services (such as where you cannot access the Content or Services and can prove that you have been unable to access it), due to the nature of the Content or Services being immediately accessible to you upon purchase, no refunds or fees paid by you will be permitted for change of mind.

 

6.         Intellectual property rights -

  • Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property) in the Content on the Site and delivered via our Services. For clarity, we retain all ownership of the copyright of the Content in its original form as provided to you.

  • You must not, without our prior written consent:

    • use the Content other than as set out under this agreement

    • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content in any way whether in whole or in part to any third party; or

    • breach any intellectual property rights connected with the Content, including (without limitation) by:

      • altering or modifying any of the Content (other than as permitted by us);

      • causing any of the Content to be framed or embedded in another website or platform; or

      • creating derivative works from the Content.

  • In the event you have breached Clause 6 we reserve the right to claim compensation for unauthorised use and breach of intellectual property law from you.

  • All information, brand, designs, content, and intellectual property belongs to www.emmacarrera.com and is not for sale, reproduction, or sharing

  • You may not access the services for competitive purposes or if you are an associate of Isagenix outside Emma Carrera’s direct team.

7.          Security of your credit card -

  • Please note that credit card payments are not processed on a page controlled by us and is processed by way of a third party payment processor called Stripe.

  • As processing takes place through Stripe and we are bound by their terms and conditions. While we will use our reasonable commercial endeavours to ensure the safety of any details we hold, we cannot directly control the details held by third party sites and will not be liable in this regard.

 

8.         Disclaimers - The law differs from one country to another. This paragraph applies so far as the applicable law allows.

  • All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

  • The Services and Content are provided “as is”. We make no representation or warranty that the Services or Content will be:

    • useful to you;

    • of satisfactory quality;

    • fit for a particular purpose;

    • available or accessible, without interruption, or without error;

  • Your use of the Membership Services or the Site, or the exercise of any right granted under this agreement will infringe any other intellectual property or other rights of any other person.

  • The Site may contain links to other third party Internet websites (Third Party Sites). We do not have power or control over any Third Party Sites and you acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

  • We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Site.

  • In downloading any Content, including guides, eBooks, and resources you do not enter into a health professional-client relationship with us nor have we provided you with medical or health advice. The Content is information only and should not be a substitute or constitute professional health or medical advice.

  • While we use reasonable commercial endeavours to ensure all Content is accurate and fit for use by you, we do not take responsibility whatsoever for the suitability of the Content for your intended purpose. Further, we do not provide a warranty as to the fitness of the Content. You agree to indemnify us against all liabilities, claims, demands, damages, actions or loss arising out of your incorrect or inappropriate use of the Content.

  • We make no guarantees as to the suitability of the Content and you acknowledge that you understand the Content may produce different results for different people and that the Content is intended for a mass audience and not you specifically.

9.         Consequences of termination - Membership Termination and Refund Policy

  • The Organization has a right to terminate the Member’s membership if any of the terms or conditions of this agreement are violated, or if the Organization sees fit due to any misconduct on the members behalf. The Organization will enact a refund of the current monthly billing cycle in the event of the Organization canceling or closing the membership benefits or forums.

  • The Member can terminate their membership at any point and for any reason at the end of each month giving at least 48 hours notice prior to the next billing cycle. Access to membership benefits and online forums will remain until the end of that month's billing cycle the member has paid for. 

  • Prices for our products and services are subject to change without notice. Unless otherwise stated, all items and programs purchased are 100% non-refundable and returns will not be accepted.

  • On termination of your Membership by you, you will cease to have access to the Membership and Services (including the Content) at the end of the period for which you have paid up to.

  • We may terminate this agreement at any time if you have breached the terms of this agreement with immediate effect by sending you notice to that effect by email. There will be no reimbursement or credit if the agreement is terminated under this clause.

  • In the event that we terminate our agreement with our web services provider, you will continue to have access to the Content until the end of the period for which you have paid for, however we will no longer be reviewing the currency, quality or reliability of the Content. Your agree to release us from all liability in this regard relating to any use of the Content after the End Date.

  • We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement. 

10.        Storage of data -

  • We assume no responsibility for the deletion or failure to store or deliver email or other messages.

  • You accept that we cannot be liable to you for any such deletion or failure to deliver to you.

11.         Interruption to Services -

  • We are not responsible for any interruption to the Services as our Services and Content are accessible and hosted through our website. You agree that we are not liable for any loss, foreseeable or not, arising from any interruption to Services.

12.       Errors and Omissions -

  • Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors.

  • You agree that Emma Carrera is not responsible for the views, opinions, or accuracy of facts referenced on or through the Website, or of those of any other individual or company affiliated with our business or Emma Carrera in any way.

  • Because scientific, technology and health practices are constantly evolving, you agree that Emma Carrera is not responsible for the accuracy of our Website, or for any errors or omissions that may occur.

   

13.        Limitation of liability -

  • Our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be limited to the amount of your monthly Membership fee.

  • Neither party shall be liable to the other in any possible way, for any loss or expense which is:

    • indirect or consequential loss; or

    • economic loss or other loss of turnover, profits, business or goodwill.

  • This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.


 

14.        Liability and Informational Purposes -

  • The Member will not hold us liable for any tangible or intangible damage that might happen to them while participating in the membership. 

  • All content and media in the Ignite Membership is created and published online for informational purposes only. We do not give medical advice and it is not intended to be a substitute for professional medical advice and should not be relied on as individual personal advice. We do not accept any liability for any injury, loss or damage caused by use of the information provided in our website.

  • The Isagenix products and advice on this website and through our services does not cure, prevent or treat any disease, sickness or illness. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of something you have read on this Website.

  • Emma Carrera’s Ignite Membership is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. Emma Carrera cannot predict and does not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Any negative or positive results that might occur during the membership are the result of the Member’s own personal choices. ​

15.        Indemnity -

  • You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

    • any act, neglect or default of yours in connection with this agreement or your use of the Services;

    • your breach of this agreement;

    • your failure to comply with any law;

    • a contractual claim arising from your use of the Services.

 

16.       Not legal or financial advice for wealth creation -

 

Emma Carrera and its associates, employees and consultants are not attorneys, accountants or financial advisors, nor are we holding ourselves out to be. The information contained in this Website is not intended to be a substitute for legal, medical or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damages that may incur. Always seek financial medical and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on our Website is not legal, medical or financial advice.

 

17.        Miscellaneous matters -

  • If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

  • The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

  • If you are in breach of any term of this agreement, we may:

    • publish all text and content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication;

    • terminate your Membership; and/ or

    • issue a claim in any court

  • Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

  • No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

  • Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

  • So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

  • Neither party shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond its reasonable control.

  • Governing Law set out in the Definitions shall govern the validity, construction and performance of this agreement and you agree that any dispute arising from it shall be litigated in accordance with the Governing Law.

 

18.        Indemnification and release of claims -

You hereby fully and completely hold harmless, indemnify and release Emma Carrera and any of its agents, consultants, affiliates, team members, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with the business from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to our Website

By using this website and/or subscribing, the Member confirms that they have read, understood and agree to the terms and conditions outlined in this Agreement.  If you have any questions about this Disclaimer, please contact emma@emmacarrera.com

 

Emma Carrera is, in no way, associated or in business with Facebook or META.

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