Thank you for choosing With Zest! These Terms and Conditions (Terms) govern the relationship between the Parties. By clicking “accept” You agree to these Terms.

These Terms are read in conjunction with the information on the Purchase Page (Purchase Page) and the relevant product Information Page of the Website (Information Page).

  1. Parties
    You are the Client, and Your details are set out on the Purchase Page of the Website.
    AND –
    Aventus Consulting Pty Ltd (ACN: 160 443 069) atf the Aventus Family Trust t/a With Zest (With Zest).
    With Zest offers mentoring sessions and workshops (the ‘Services’) as well as Eproducts (Eproducts) for sale, collectively referred to as the (Products). You have agreed to purchase a Product.
  2. Personal Information
    1. When purchasing a Product, You will be required to provide personal information such as Your name, address and e-mail address.
    2. You agree that all details that You have provided in completing the purchase are true and correct.
    3. Your personal information is kept in accordance with the With Zest Privacy Policy (‘Privacy Policy’) which can be accessed via the Website.
  3. Purchase of a Product
    1. When purchasing Product, You will agree to the payment of the purchase price listed on the Purchase Page for the Product (the ‘Purchase Price’).
    2. Payment of the Purchase Price may be made through the available payment methods (the ‘Payment Gateway Providers’)
    3. You warrant that You have familiarised Yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
    4. Following payment of the Purchase Price being confirmed by With Zest, You will be issued with a receipt to confirm that the payment has been received and With Zest may record Your purchase details for future.
  4. Bookings, Cancellations, Refunds and Rescheduling
    For a 12 month Marketing Subscription
    1. With Zest requires all bookings for a 12 month Marketing Subscription to be made via the booking system provided (the ‘Booking System’).
    2. If You choose to create an account with the Booking System, You acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.
    3. You must notify With Zest of an intention to cancel Your 12 month Marketing Subscription as soon as practicable through e-mail to hello@withzest.com.au and abide by the following (‘Cancellation Policy’).
    4. If You cancel your 12 month Marketing Subscription in the first 3 months the monthly Marketing Subscription Fees are non refundable and You must pay all remaining monthly Marketing Subscription Fees.
    5. If You cancel your 12 month Marketing Subscription after the first 3 months you will not receive a refund of the monthly Marketing Subscription Fees paid up to the date of cancellation. You will not be required to pay any of the remaining monthly Marketing Subscription Fees.
    6. With Zest will only provide You with a refund of the Fees in the event that With Zest is unable to continue to provide the 12 month Marketing Subscription.
    7. If You are unable to attend a workshop during the 12 month Marketing Subscription You will be able to access a recording of the workshop and participate in a half hour catch up session.
    8. During Your 12 month Marketing Subscription You can rebook one on one mentoring sessions provided You do so x days prior to your session. You must rebook a one on one mentoring session in the same month that it was originally booked, otherwise You will forfeit the session.
    9. With Zest may change the Cancellation Policy at any time without notice and bookings made in advance of the change will not be affected.
    Mentoring
    1. With Zest requires all bookings for mentoring sessions to be made via the Booking System.
    2. If You choose to create an account with the Booking System, You acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.
    3. You must notify With Zest of an intention to cancel Your mentoring session as soon as practicable through e-mail to hello@withzest.com.au and abide by the following (‘Cancellation Policy’).
    4. Mentoring sessions are non-refundable. This means that if You wish to cancel the mentoring session, all unpaid amounts of the fees are non-refundable.
    5. For the sake of clarity, if You have chosen to pay through a payment plan and You wish to cancel the mentoring session, With Zest reserves the right to immediately collect all outstanding amounts of the fees without notice by charging Your method of payment.
    6. Both Parties agree to reschedule any one-on-one sessions in writing.
    7. With Zest understands that things change, and therefore if You need to make a request to alter Your mentoring 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 fees involved.
    8. With Zest may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
    Eproducts
    1. Eproducts are delivered as links to download sent via email following purchase. Should You not receive the email within 30 minutes of purchase please first check Your spam folder and then contact accounts@withzest.com.au.
    2. With Zest will endeavour to respond to You as a priority and will not be liable for any issues concerning Your e-mail account and inability to receive the Eproduct.
    3. With Zest does not provide refunds for any Eproducts. Please keep this in mind when making a purchase.
  5. Delivery of Services and License Information
    1. Each purchase of a 12 month Marketing Subscription grants to You access to the program through Memberpress. the Membership Portal (the ‘Membership Portal’).
    2. When You purchase a 12 month Marketing Subscription, With Zest grants You a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).
    3. The Licence is valid for the term of the 12 month Marketing Subscription (‘Licence Term’). This means the 12 month Marketing Subscription services will be viewable via the download link for the Licence Term only. After this time the 12 month Marketing Subscription services will expire and You will no longer be able to access the Services.
    4. The 12 month Marketing subscription is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental services materials, booklets, and access to any other aspect of the services.
  6. Warranty
    1. Eproducts
      1. With Zest’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
    2. Services (workshops and mentoring)
      1. With Zest will use its best efforts and take all reasonable steps to help You achieve the desired results. However, With Zest makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
      2. 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 With Zest, and are entitled to a refund for the unused portion, or to compensation for its reduced value
  7. Group Coaching
    It is important to With Zest that all participants are comfortable to fully participate in the Services. Therefore, if You are purchasing a 12 month Marketing Subscription the following clauses will apply.
    1. The 12 month Marketing subscription includes group coaching. As a participant in group coaching (Participant), You expressly agree that You will not, through any means:
      1. harm, harass, hassle or abuse other Participants; or
      2. send un-welcomed communication such as spam to other Participants; or
      3. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
      4. infringe the intellectual property or privacy rights of any Participant or any third-party.
    2. With Zest, at its discretion, reserves the right to remove, edit or alter any content created by You or on the Facebook Group or any other platform utilised in the delivery of the 12 month Marketing Subscription.
    3. The Licence is valid for the term of the 12 month Marketing Subscription (‘Licence Term’). This means the 12 month Marketing Subscription services will be viewable via the download link for the Licence Term only. After this time the 12 month Marketing Subscription services will expire and You will no longer be able to access the Services.
    4. With Zest retains the right to deny You access to the 12 month Marketing Subscription services at any time for breach of this Agreement.
  8. Services Disclaimer
    You are solely responsible for creating and implementing Your own marketing, business and financial, decisions, choices, actions and results arising out of or resulting from the Services and Your sessions and interactions with With Zest. As such, You agree that With Zest 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 With Zest.
  9. Information Disclaimer
    Any information, documentation, calculators, financial numbers, tools, social media links or other content provided through the Services or within Eproducts, do not constitute marketing, business or financial advice, and are provided for general information and illustrative purposes only. With Zest recommends You seek independent marketing, business or financial advice prior to relying on any information or documentation provided through the Services or within Eproducts. With Zest will not be liable in any way for Your use of, or reliance upon, the information or documents contained through the Services or within Eproducts.
  10. Liability and waivers
    1. Liability
      With Zest’ total liability arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Products to You.
    2. Waivers
      1. A waiver of any right, power or remedy under these Terms 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.
      2. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
  11. Disclosure and Use of Confidential Information
    1. All obligations of confidence set out in these Terms continue in full force and effect after completion of Services.
    2. With Zest must not disclose any Confidential Information to any third party without Your prior consent.
    3. These Terms prohibit the disclosure of Confidential Information by With Zest with exception to the following circumstances:
      1. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms has consented to the disclosure of such information to the professional adviser;
      2. the disclosure is required by applicable law or regulation; or
      3. if the confidential information is already in the public domain at no fault of With Zest.
  12. Copyright and Intellectual Property Rights
    1. Intellectual Property Rights
      1. You agree that any works, items, materials or information of whatever nature produced or developed by With Zest or under With Zest’ direction pursuant to or in the course of providing the Services, or within Eproducts, will remain the sole and complete property of With Zest, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
      2. If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 10.1(a) have been produced by With Zest as part of the Services, or within Eproducts, With Zest 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 purchase date.
      3. There is no assignment of Intellectual Property Rights by With Zest to You pursuant to these Terms.
      4. Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.
    2. Indemnification
      You hereby indemnify and agree to keep indemnified With Zest 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.
  13. Force Majeure
    1. If circumstances beyond With Zest’ control prevent or hinder its provision of the Services, With Zest is free from any obligation to provide the Services while those circumstances continue. With Zest may elect to terminate these Terms or keep the Agreement on foot until such circumstances have ceased.
    2. Circumstances beyond With Zest’ control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
    3. For the sake of clarity, if in With Zest’ reasonable opinion, the provision of the Services will be affected by the COVID-19 Pandemic, With Zest may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, With Zest will not be liable for any losses or damage due to the COVID-19 Pandemic. If You choose to cancel the Services due to the COVID-19 Pandemic, cl. 4 will apply.
  14. Dispute Resolution & Mediation
    1. If a dispute arises under these Terms, 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).
    2. A party to these Terms claiming a dispute (Dispute) has arisen under the terms of these Terms, 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 (Notice).
    3. On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.
    4. If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria.
    5. It is agreed that mediation will be held in Victoria, with the venue to be agreed.
    6. The parties agree to be 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.
    7. All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
    8. 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.
  15. Marketing
    You agree that any testimonials that may be provided by You from time to time may be used by With Zest for marketing purposes.
  16. No partnership or agency
    Nothing contained or implied in these Terms 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.
  17. Governing Law & Jurisdiction
    1. This Agreement is governed by the laws of Victoria, Australia.
    2. In the event of any dispute arising out of or in relation to the Services, With Zest agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.
  18. Severance
    Any provision of these Terms 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 or affecting the validity or enforceability of such provisions in any other jurisdiction.
  19. Entire Agreement and Modifications
    Both You and With Zest confirm and acknowledge that these Terms, the Purchase Page and Information Page of the Website constitute the entire Agreement between You and With Zest and shall supersede and override all previous communications, either oral or written, between the parties.