Terms & Conditions

 

 These terms and conditions apply to all Services provided by Lead and Inspire (“us”, “we”) to you (the client)By subscribing or purchasing Services from us, you accept these terms and conditions. 

It is important that you read and understand the terms of this Agreement and the rights and obligations of the Parties to this Agreement. 

  1. Commencement and Term 
    1. This Agreement shall apply to each distinct Service provided to you as a separate agreement on each occasion. This Agreement with you shall commence on the earlier of you:- 
    1. registering as a member through our website;  
    1. subscribing to our newsletter or circular;  
    1. purchasing or subscribing to any Services made available by us; 
    1. registering for Services; 
    1. making payment to us of Fees; or 
    1. us commencing the provision of Services to you.  
    1. This Agreement shall continue in time until all Services have been delivered by us to you unless terminated by a Party in accordance with this Agreement.  
    1. You must be over the age of 18 years and an Australian resident to access our Services unless we otherwise agree.  

 

  1. Services and Website 

“Services” refers to all goods and services we provide from time to time including Online Courses, Programs and Materials and Workshops. 

 

  1. Online Courses:- 
  1. The term “Online Course” refers to the online delivery of classes, courses, coaching,  workshops and tutorials via our website (and not live in person). 
  1. Online Courses will be made available on our website on the agreed day and time and will remain available for re-accessing for a set period of time as we see fit 
  1.  Programs and Materials:- 
  1. The term “Programs and Materials” refers to any hardcopy or downloadable written content including forms, procedures, manuals, tutorials, videos, recordings, diagrams, papers, guides, self paced learning or other material we make available on our website from time to time. 
  1. Programs may be made available for purchase from time to time, made available as part of an Online Course or Workshop, or otherwise made available for members. 
  1. Workshops:- 
  1. The term “Workshops” refers to any in person classes, courses, coaching, workshops, tutorials or other live attendance events that we offer and may be delivered on a One-On-One or Group basis 
  1. A schedule of upcoming Workshops will be made available on our website from time to time. 
  1. “One-on-One” means a Service delivered by us to you as the sole client participant of the session. 
  1. “Group” means a Service delivered by us to you when there are two or more client participants in each session of the Service at the same time. 
  1. “Session” means the delivery of a single session in an Online Course or Workshop. 
  1. “Website” means our website at www.leadandinspire.com.au and any other social media pageschannels, portals apps websites or online/digital presences that we maintain from time to time. 

 

 

  1. Fees and Payments 
  1. Our schedule of fees and charges (“Fees”) will be published on our website from time to time. We may review and vary our Fees at any time and from time to time and any variation will take affect once published on our website.  
  1. Payment for Services will be due at the time of subscribing or purchasing the Service (as the case may be). 
  1. You will not be entitled to access any Service until payment has been received in full.  
  1. If your payment is dishonoured, we may:- 
  1.  suspend or terminate access to the Services; and 
  1.  on charge to you any bank fees associated with the dishonour. 
  1. We do not offer refunds for change of mind and there is no cooling off period.  
  1. You may not deduct or set off any amount we owe you from any amount you owe us.  

 

  1. Cancelled or Missed Services:-  
  1. One-on-One Services:- 
  1. You may reschedule a One-on-One session if you provide us at least 48 hours notice of the need to reschedule.  
  1. On receipt of such notice we will use reasonable endeavours to reschedule the One-on-One session to a mutually convenient time. We will not provide you a refund if you are unable to reschedule to a mutually convenient time.  
  1. You may only reschedule a One-on-One session once. If you attempt to reschedule it again, you will forfeit the Fees paid for that One-on-One session 
  1. If you fail to provide at least 48 hours’ notice of the need to reschedule, you will be deemed to have missed the delivery of that session and you will not be entitled to reschedule or re-access the session. 
  1. We may terminate a One-on-One session if you are late by more than 15 minutes from the session’s commencement time. You are not entitled to a refund.  
  1. If you are late to a One-on-One session, the session time will not be extended and will conclude at its scheduled time. You will not be entitled to a refund.  
  1. If you, without any notice, simply do not attend a One-on-One session you forfeit any Fees paid for that session. 
  1. Group Services  
  1.  You may reschedule attendance at a Group session by providing not less than 48 hours’ notice.  
  1. You may only reschedule a Group session once. If you attempt to reschedule it again, you will forfeit the Fees paid for that Group session 
  1. You may only reschedule a Group session for the same Group session (same content) and only when it is scheduled to be next delivered.  
  1. Some Workshops and Online Courses require that sessions be delivered in a particular order. If you miss a session you may not be able to continue/ progress to the next session without completing it. You will not be entitled to any refund for the session or any further sessions in the Online Course of Workshop that you are unable to complete because of missing a session.  
  1. We may cancel a Group Session if the participant numbers fall below a number acceptable to us. 
  1. Cancellations by Us  
  1. We will endeavour to provide you as much notice of a cancelled session as possible.  
  1. If we cancel a session you will be entitled to reschedule that session at a time mutually convenient but unless a mutually convenient time cannot be scheduled no refund shall be payable by us 

 

  1. General Nature of the Information Provided  

 

  1. Except where a Service has been expressly tailored for you, you acknowledge that any information, Programs and Materials or advice given by us, whether as part of our Services or otherwise, is of a general nature only.  
  1.  Whilst we are committed to improving, challenging and excelling all of our clients with initial and on-going support, we do not warrant or guarantee that any particular outcome will be achieved, or that your performance, experiences or knowledge will be improved, as a result of the Services.  
  1. You acknowledge that the only qualifications our staff and contractors have are those noted on our website.  Some Services do not require any particular qualifications and are delivered based on experience.  
  1. You acknowledge that except where expressly stated, the completion of a Service may not result in any commonly recognised achievement, award, certificate or qualification.  

 

 

 

 

  1. Use of Experts  
  1. We may from time to time engage experts and specialists (“Experts”) to deliver Services on our behalf.  
  1. We are not liable for anything done or omitted to be done by an expert.  
  1. Any views expressed by an expert are their own and do not necessarily reflect our views.  

 

  1. Ownership of Intellectual Property  
  1. All Programs and Materials, content and other information published on our website, downloaded from our website or otherwise delivered or provided as part of our Services (including orally) is our intellectual property and is protected by copyright.  
  1. If you attend any in person Group Session, you irrevocably consent to us taking photos or videos of the Session and acknowledge that you may appear in same. 
  1. If you consent, whether deemed by the preceding paragraph or expressly,  to providing a testimonial or appearing (whether visually in photographs, videos or other images or your written content)  in any content on our website or elsewhere in relation to our Services, you irrevocably agree that all intellectual property in same vests in us on creation absolutely and we may use same for such marketing and other purposes as we see fit from time to time without requiring any further consent from you 
  1. If you upload your own content to our website then, at the time of upload, you assign all of your intellectual property rights in same to us and we may use same for such marketing and other purposes as we see fit from time to time without requiring any further consent from you. 
  1. You must not use our intellectual property for any purpose other than that which we provided it to you for. Without limiting the foregoing, you must not copy, distribute, make publicly available, publish, disseminate our intellectual property and you must not make our intellectual property available to anyone who has not paid Fees for the Services containing the intellectual property (if Fees are payable) or is otherwise a member (if Fees are not payable).   

 

 

  1. Membership 
  1. You warrant that the information provided by you at the time of subscription is correct and relates to you.  
  1. It is your responsibility to keep your information that we have about you up to date at all times.  
  1. We may suspend or terminate your membership at any time and for any reason with or without notice to you.  
  1. Some Services are only accessible for members. If you are not a member, or cancel your membership, you will not be able to access those Services whether you have paid Fees for them or not. You will not be entitled to a refund of Fees for an inability to access Services if you fail to maintain a membership.  

 

 

  1. Health, Medical and Safety Matters 
  1. You warrant that you are fit, both physically and mentally, to undertake the Services and each session. 
  1. You are solely responsible for ensuring that you have advised us of all of health and medical issues (whether mental, physical, behavioural or learning related) that are relevant to the receipt of the Services.  
  1. We will not be liable to you or any other person for any claim arising from or otherwise related to your health or wellness whatsoever and howsoever arising.  

 

  1. Suspension and Termination 
  1. If You do not make payment at the times and in the manner required for the Services, we may suspend the delivery of Services to you until such time as you have remedied the non-compliance.  
  1. In addition to the right to suspend Services, if an amount remains due and owing to us or you are in default of this Agreement, for more than 7 days, we may terminate this Agreement by notice in writing to you and in such circumstances all pre-paid monies shall be forfeited to us. Interest shall be payable on overdue monies at the rate of 10% per annum calculated daily. 
  1. Either Party may terminate this Agreement, without cause, by two weeks’ notice to the other Party. If- 
  1. We terminate pursuant to this clause,  then we will refund to you any pre-paid monies for any unused sessions (after expiration of the 2week notice period). 
  1. You terminate pursuant to this clause, then you forfeit any pre-paid monies for sessions. 

 

 

 

 

  1. Exclusion of Warranties and Liability 
  1. Our Services come with guarantees that we cannot be excluded under the Australian Consumer Law. For any major failure with the Services, you are entitled:- 
  1. to cancel the Service; and  
  1. to a refund for the unused portion, or to compensation for its reduced value.  

You are entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your Agreement and obtain a refund for the unused portion of the Services.  

  1. Subject to the preceding clause and to the maximum extent permitted by law, we exclude all liability to you for any claim, proceeding or action whatsoever or howsoever arising in relation to:- 
  1. the Services and the delivery, or failed delivery, of the Services;  
  1. our acts or omissions. 
  1. To the extent we are found by a Court of competent jurisdiction to be liable to you, the maximum extent of our liability shall be a refund to you of the Fees paid by you in relation to the Services for which we are held to be liable. 
  1. We may deduct or set off any monies You owe us from any monies we owe to you. 
  1. You acknowledge that we may disclose any information we hold or collect about you to any law enforcers or any other person that the law requires us to disclose information to. Please review our Privacy Policy which is available on our website for further information on the collection, use and storage of your personal information.   

 

  1. General Availability  

 

  1. We reserve the right to change the Services we offer from time to time as we see fit and without notice to you. We also reserve the right to refuse to provide Services to any person for any reason.  
  1. We do not warrant that our Services will be delivered free from interruption or delay. We will not be liable to you for any loss resulting from interruption or delay.  

 

  1. General Provisions  
  1. We may amend these terms and conditions at any time and if we do, we will publish the latest terms and conditions on our website which shall have effect from being published. The version of the terms and conditions published on our website at the time you purchase/subscribe to a Service will apply to that Service. By continuing to use our website or Services you agree to be bound by the most recent version of terms for any Services purchased or subscribed to. It is your responsibility to check the website regularly.  
  1. The laws of Western Australia govern this Agreement and the Parties submit to the jurisdiction of the Courts of Western Australia and any Court exercising appellate jurisdiction.  
  1. We may assign our rights under this Agreement without your consent. You cannot assign your rights without our consent.  
  1. If any provision of this Agreement is unenforceable, illegal or void, that provision shall be severed and the remainder of the Agreement shall continue in full force and effect.  
  1. This Agreement read in conjunction with our Privacy Policy and Website Use Terms and Conditions (both of which are published on our website and updated from time to time) contains the entire agreement and understanding of the Parties on everything connected with the subject matter of this Agreement and supersedes any prior agreement or understanding.  
  1. A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.  
  1. A Party in default of this Agreement shall be liable to reimburse and indemnify the non-defaulting party for all costs incurred by the non-defaulting party (including legal costs on a solicitor-own client basis) arising from the default or incurred by the non-defaulting Party enforcing its rights hereunder.  

 

  1.     Interpretations  
  1. In this Agreement:- 
  1. One gender includes the others; 
  1. The singular includes the plural and the plural includes the singular; 
  1. Headings are for convenience only and do not form part of this agreement or affect its interpretation. 
  1. A provision of this agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the agreement or the inclusion of the provision in the agreement. 
  1. A “person” includes a body corporate or other entity.  

 

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Always with a smile,

JESSICA TERLICK

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