Elite Career Mentor Academy Terms & Conditions

The Elite Career Mentor Academy
Terms & Conditions
About The Program
The Elite Career Mentor Program are a service offered by Excel Holdings Ltd, a registered company in New Zealand, registration number 6798875, NZBN: 9429046709448 and searchable on the New Zealand Companies Register.
By clicking the box below, you agree to enter into this service arrangement with Excel Holdings Ltd and approve for us to start the work.
When entering into an Elite Career Mentor Program which includes coaching calls, we are expected to block out hours in our schedule for the time of coaching calls, into the future. This leaves us unable to take on other clients.
The Elite Career Mentor Program is sold as a packaged product with service inclusions (coaching and support), as per the details of the services which have been communicated to you.
EXCLUSIVITY
-The Parties agree that this Agreement is not an exclusive arrangement and that the Coach is entitled to enter into other similar agreements with other clients.
PARTIES
This Agreement (“Agreement”) is made and entered into between the signatory at the end of this Agreement (“you”, “your”, “the Client”) and Excel Holdings Ltd. (“us,” “we,” “our”, “The Elite Career Mentor”), and is effective as of the date of your signature. In consideration of the promises, and of the mutual covenants and conditions contained herein, the parties agree to the following terms and conditions:
CANCELLATION POLICY
Whereas the Client agrees that it is his/her responsibility to notify the Coach of the cancellation scheduled calls at least 48 hours prior to engaging in the scheduled calls and/or meetings. Emergency situations are exempt from the cancellation policy.
a. The Coach reserves the right to bill the Client for a missed meeting.
b. The Coach will attempt in good faith to reschedule the missed meeting.
The Coach does not offer refunds for: -
a. parts of the packages or services, which remain unused, for example coaching calls or engagement, as per a program inclusion.
b. The Client’s inability to proceed with the service, after the initial work and documents are delivered, in case of circumstances outside our control (e.g. visa eligibility requirements, or receiving a job offer prior to starting coaching calls, etc.). In case of unused coaching calls, the Client will be able to use the coaching calls for other purposes, e.g., future career coaching or migration settlement support.
NOT IMMIGRATION ADVICE
Advice, information and comments in this program do not constitute immigration advice in any form. Clients and members of this program and the accompanying courses and other publications should seek immigration advice from the official immigration authority of their respective country, or a registered immigration consultant.
Licensed immigration advisers will be used where it is necessary to verify any legal immigration advice in terms of the laws and regulations of any country.
Written, comprehensive eligibility assessments for immigration purposes are required for any clients of this program, if the intended purpose is to secure a role in a country where the client does not already hold the legal right or a visa to work.
Clients may opt to provide their own immigration eligibility information and on signing this agreement, agrees that they are fully aware of the immigration, visa and other requirements if they are prospective immigrants without legal working rights.
Eligibility assessments and other eligibility information, such as visa requirements are needed for targeted job search strategy where a client is not a current visa holder.
Program Deliverables

● Signature access to the 11 x Elite Career Mentor VIP Program training modules “The Elite Career Mentor Courses” in The Elite Career Mentor Student Portal (login provided)
● Access to Onboarding Call
● Access to the Library of additional training
● Access to the Vault of LIVE Call Recordings
● Access to all of our proven templates, systems, scripts & processes for international job search and career coaching.
● Weekly subject-specific LIVE Q&A Group Coaching calls.
● 24/7 access to the Facebook community “Elite Career Mentor Support Group, and all content.

Definitions:

● Commencement Date means the date on which you signed this Agreement.
● Guarantee Date is calculated by adding 183 days to the Commencement Date.
● Completion Date is calculated by adding 365 days to the Commencement Date.
● Nominated Bank Account means a valid bank account provided by you to us in writing at the time of exercising the Guarantee.

General Terms & Conditions

1. Representations & Warranties

(a) You warrant to registered company in New Zealand, registration number 6798875, NZBN: 9429046709448, that this Agreement is voluntarily entered into, that the Client has been given the opportunity to obtain legal advice as to the nature, effect and extent of this Agreement, that this Agreement binds the Client and its representatives, successors and permitted assigns, the Client understands the legal significance and effect of executing this Agreement and Excel Holdings Ltd (t/a The Elite Career Mentor) is relying on these warranties.

(b) In the event you are a company, the person engaging on your behalf by signing this Agreement irrevocably guarantees all terms, conditions, obligations and payments due pursuant to this Agreement.

(c) For the avoidance of any doubt, a person authorised on your behalf will be taken to be any employee, agent or third party that purchases, engages with, and/or logs into our Program using the company’s login information. You and your authorised representative irrevocably agree that you have voluntarily entered into this Agreement.

(d) The decision to register for this Program is your own, is voluntary and you have not been pressured or coerced into making this decision. You acknowledge and agree that our materials and services are advisory and supportive only and that no representations or warranties are made with respect to your results. You accept full responsibility for your results.

2. Payment

(a) You agree to pay the purchase price for the Program agreed upon during your initial consultation with Our team.

(b) You authorise us to periodically debit your account for any payment plans you select. You are contractually obligated to make payments on time, without delay or excuse. Failure to settle your full payment to us if on a payment plan will result in full Program suspension, a full debt recovery process and potential litigation. Should your credit card expire, you will supply new details to us within 1 business day of expiry so we can process your payments. You are responsible for ensuring sufficient funds are available at billing dates. Failed payments will be re-charged until successful. You agree to cover any other fees, exchange rates, duties, taxes or any other disbursements or expenses required for your access to the Program. Non-payment by you does not cancel our agreement with you. You agree to pay all fees, costs, and expenses, including reasonable attorneys’ fees and costs, associated with your failure to make any payment when due.

3. Guarantee

(a) Subject to Clause 3(b), we guarantee that, on or before the Guarantee Date, you will have at least 3 interviews with ideal employers (the Guarantee). If you exercise the Guarantee, you will be entitled to a full refund of the Purchase Price and 6 months of free coaching.

(b) You acknowledge and agree that you qualify for the Guarantee, and are entitled to exercise the Guarantee, if and only if:

A. No less than 183 days have elapsed from the Purchase Date;
B. No more than 30 days have elapsed from the Guarantee Date;
C. You have not had at least 10 interactions with ideal employers;
D. You have not breached any of these Terms and Conditions;
E. You have completed (watched) all training modules in full;
F. All payments have been made on time, without delay;
G. You have attended at least 26 Live Q&A sessions before the Guarantee Date;
H. You have properly completed the full training in the Program.
a. You have completed 100% of all the training modules and video training in the entire program.
b. You have watched 100% of the training in The Direct Approaches training, and completed the worksheet with additional expanded list to at least 200 ideal employers, and followed these employers as recommended.
c. You have submitted your credentials to all these 300 employers and kept a list of login details for reference.
d. You have watched 100% of the Magic 100 training and completed the worksheet with details of at least 1,000 ideal hiring managers and decision makers inside your ideal employers.
e. You have watched 100% of the The Global Attraction Strategy training and completed the worksheet with details of your content.
f. You have watched 100% of the Interview Preparation Training and completed your interview preparation per the recommendations, researching your ideal employers, hiring managers and STAR examples.
g. You have fully optimised your LinkedIn profile per the LinkedIn Profile Optimisation worksheet and completed all the recommendations 100%.
h. You have added at least 10 x STAR examples to your LinkedIn Featured and Projects section and used them as posts, at least one week apart.
i. Have posted at least 50 pieces of original content, at least one content piece, once a week.
j. Your LinkedIn views have increased by 100%+ within a 6 months period.
k. You have followed up and implemented the Engagement Tactics training with LinkedIn profile viewers and visitors – and kept record of your interactions.
l. You have started at least 20 conversations with hiring managers and recruiters in your niche or ideal employers.
m. Must have created, asked for feedback and posted your resume video on LinkedIn, and asked the team for feedback.
o. Must have introduced yourself in the Support Group, and submitted at least 20 feedback or support request questions.
p. Must have watched at least 70% of the coaching calls (recorded), or attended live calls within the last 6 months period in the Vault.

(c) In the event a refund is requested, you will provide:

(i) Access to your payment processor (via screenshare) to verify your claim;
(ii) Access to a booking software account (to see booked calls);
(iii) Access to all relevant tracking worksheets;
(iv) Access to all relevant metric tracking sheets & documents; and
(v) Access to accounts relevant to systems built (email, social, etc)

All information will be requested by a form to assess eligibility before funds are processed. If eligible, a Zoom call will be required to process the funds. After 180 days, a refund can be requested once only. If you do not meet eligibility, you will not be able to re-request a refund.

(d) You hereby acknowledge and agree that all program sales are only refundable if they meet the above stated criteria, that you are not entitled to a refund in any other circumstances, and that you waive any rights to charge-back your purchase with your credit card processor.

4. Intellectual Property

The Program and all materials presented therein are proprietary to and the property of Excel Holdings Ltd (t/a The Elite Career Mentor) or third parties that licence such material to Excel Holdings Ltd. All applicable rights in all copyrights, trademarks, trade secrets, trade names, patents, and other intellectual property rights in or associated with the Program are and will remain in Excel Holdings Ltd (t/a The Elite Career Mentor). or its licensors, and you shall have no such intellectual property rights in the Program. You may not record, use or reproduce any material in the Program without written permission of the owner. You understand all communication in the Program may be recorded and may be used for promotional purposes. You authorise us to use your voice, materials, name, photos, screenshots, results or likeness in future promotional or other Program materials.

5. Indemnity

You indemnify and hold harmless us and our agents, employees or appointed third parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, relating to any claim of a third party arising out of or occurring in connection with your breach of this Agreement or from your activities and/or use of our materials, services, or the Program.

6. Use of Data

Notwithstanding anything to the contrary, we shall have the right to collect and analyse data and other information relating to the provision, use, and performance of various aspects of the Program, and we will be free (during and after the term hereof) to:

(a) use such information and data to improve and enhance the Program and for other development, diagnostic, and corrective purposes in connection with the Program; and
(b) disclose such data solely in aggregate or other de-identified form in connection with our business for any reason we see fit (within the maximum extent of the law).
(c) CONFIDENTIALITY: All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by the Client unless the disclosure is required pursuant to process of law. Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Coach.

7. Program Use

(a) You agree that you will use the Program only in compliance with our standard published policies then in effect and all applicable laws and regulations. Although we have no obligation to monitor your use of the Program, we may do so at any time and without notification to you, and may prohibit any use of the Program that we believe may be (or alleged to be) in violation of the foregoing.

(b) Should you be unable to attend any calls or live events, replays will be made available where possible but no compensation will be provided. Members Site usernames and passwords must not be shared with any other person at any time. Please refer to our privacy policy.

(c) If Program cancellation is required by us you shall have no claim (whether direct or indirect) on us for compensation, loss, damages and/or liability. We reserve the right to eject you at any time should you be taking adverse actions towards the Program or Excel Holdings Ltd (t/a The Elite Career Mentor). or violating this Agreement, in our sole discretion. Full payment of our Agreement must be made regardless of any cancellation or ejection, and you forfeit your right to any refunds whatsoever.

(d) We shall use reasonable efforts consistent with prevailing industry standards to maintain the Program in a manner which minimizes errors and interruptions. The Program may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, we do not warrant that the program will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the Program. Except as expressly set forth in this section, the program is provided “as is” and we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

(e) You agree not to post any content on any website(s) or social media accounts that is or could reasonably be considered to be inappropriate, defamatory, disparaging or would otherwise bring Excel Holdings Ltd (t/a The Elite Career Mentor) into disrepute.

8. Term

a. This Agreement extends for as long as you retain login access to the Program, and for a minimum period of 36 months from the date after which you no longer retain login access to the Program by default for security reasons. You can request further free access to the program.

9. Variation

We may vary any terms of this T&C at any time with notice to you and you irrevocably agree to any changes made to our T&C’s. We are committed to the quality, consistency, and value of our services and reserve the right to alter the Program, including material, speakers, coaching staff and any other variable in any way to provide the best possible experience and outcome for you.

10. Limitation of Liability

Notwithstanding anything to the contrary, Excel Holdings Ltd (t/a The Elite Career Mentor) and its officers, affiliates, representatives, contractors, and employees shall not be responsible or liable with respect to any subject matter of this agreement or terms and conditions related thereto under any contract, negligence, strict liability, or other theory:

(a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services, or technology or loss of business;

(b) for any indirect, exemplary, incidental, special, or consequential damages;

(c) for any matter beyond our reasonable control; or

(d) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by you to us for the program under this agreement in the 12 months prior to the act that gave rise to the liability, in each case, whether or not we have been advised of the possibility of such damages.

11. Entire Agreement

In relation to the subject matter of this Agreement, this Agreement is the entire agreement between the parties and this Agreement supersedes all oral and written communications by or on behalf of any of the parties.

12. Governing Law

This Agreement shall be governed by the laws in force in New Zealand, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the New Zealand and any courts which may hear appeals from those Courts in respect of any proceedings in connection with this Agreement.

I hereby agree with all terms of this Agreement, and authorise charges to my account for all drafts drawn by Excel Holdings Ltd (t/a The Elite Career Mentor), beginning the date I sign this Agreement.

By selecting this box, you agree to our Terms & Conditions.