Heartbeat360 is a brand created for The company Kick Media Pty Ltd in Australia ACN: 111 335 329

If you have any questions about our Terms of Service, please feel free to contact us on 07 3062 6836

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our brand Heartbeat360 under the Company The company Pty Ltd. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

The Company will not divulge any personal contact information or billing details to any third party. All billing details are securely managed within our online merchant facilities with access only able by the financial controller working for The company.

Confidentialitya

Client billing and contact records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Mutual Indemnification

Both parties will, at their own expense, defend, indemnify, and hold the other, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.

The Client agrees that the Agency may, from time to time, share testimonials and results achieved as a result of services provided for marketing purposes. The Client can request that personal and brand information be omitted from case studies and testimonials.

No Disparagement or Misappropriation

At no time (i.e., indefinitely) following the signing of this agreement shall the Client make any statements online or offline, or take any other actions whatsoever, to disparage, defame, sully or compromise the goodwill, name, brand or reputation of the Agency or commit any other action that could likely injure, hinder or interfere with the Agency’s business, business relationships or the Goodwill of the Agency.

Disclaimer Exclusions and Limitations

Please note: access only subscription to heartbeat360 (powered by Go High Level) does not including business consulting and does not factor in the specific requirements of the business. Heartbeat360 or its licensee's sole responsibility is to demonstrate the features of the software to the business owner. It is up to the business owner to decide if this software meets their specific business and company requirements both now and into the future. Where a service has been purchased to setup the software based on specific business requirements, it is the responsibility of the business owner to disclose all the requirements and outcomes desired and a full list of what is to be migrated into the new CRM. Failure to disclose information on any requirements in the business planning session and limitations which arise in relation to this, the Company or it's licensees will not be liable or responsible.

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

-excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

-excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Bank transfer, Visa and Mastercard are all acceptable methods of payment. All goods and projects remain the property of the Company until paid for in full. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full. The client agrees by all Web Cart payment terms and conditions. The client agrees the Company is not liable for any failed payments, automated payment errors or back payments charged by the Company Web Cart for all monies owed to the Company. Any payment errors where money is not owed to the Company, money will be refunded in full.

Pricing

The client understands that additional costs are incurred for the choice to host phone numbers through the platform, domain names, and accept the standard costs for phone numbers, SMS and Email sending fees. Refer to the below for additional costs:

Phone: https://help.gohighlevel.com/support/solutions/articles/48001223556-lc-phone-pricing-structure

Email: https://help.gohighlevel.com/support/solutions/articles/48001220605-what-is-lc-email-i-want-to-know-more#LC---Email-Pricing

Other costs that may be uncured is selected for use within your account:

Dedicated IP: https://help.gohighlevel.com/support/solutions/articles/155000001152-what-is-a-dedicated-ip-in-lc-email-#Who-can-buy-a-dedicated-IP?

Content AI: https://help.gohighlevel.com/support/solutions/articles/48001234826-how-to-enable-and-rebill-content-ai-#Content-AI-Pricing

For other potential costs clients can refer to the following pricing page https://help.gohighlevel.com/support/solutions/articles/155000001156-highlevel-pricing-guide

Security Policy

When purchasing from the Company, card details are transmitted through Premium Web Cart using a secure encrypted server which is 128 bit military grade SSL certified. Premium Web Cart is PCI DSS Compliant and tested daily by Hacker Guardian and secured by Comodo. Your card data is hosted by Stripe after processing for your recurring subscription and is encrypted using Thales to provide the highest level of bank-grade security .

Cancellation Policy

Cancellations for plans on a month to month or weekly basis must be requested 1 week before the next billing cycle begins and also cannot be updated during the current billing cycle including on the day of billing due. This includes if invoices have not yet been paid and work has begun for that month or costs incurred for the next billing cycle period. The Company requires this notice in order to provide a handover and re-allocate resourcing. Notification can be given via phone, in person, email, or whatever communication means that is clear and traceable. Upon cancellation we will leave you with an account that is fully optimised and at no point in time will you be guarded or restricted from accessing your account.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway or completed. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.