Passionate Practitioner Project Terms and Conditions
Thank you for choosing to work with Liz Andrew-Brake.
These Terms and Conditions govern the relationship between the parties. By clicking “Buy Now” you agree to these Terms and Conditions (‘Terms’).
These Terms are read in conjunction with the information on the relevant Booking Page where you provide your details (‘the Booking Page’) and Program Information Page (‘Information Page’) of the website (‘Website’)
1. Parties
You are the Client, and your details are set out on the Booking Page of the Website.
AND
Liz Andrew-Brake (ABN: 99711203722) (‘Liz Andrew-Brake”).
Liz Andrew-Brake offers online and digital programs (the ‘Program’) in a hybrid of self-paced and group settings, over various periods as stated on the relevant Information Page (‘the Services’). You have engaged Liz Andrew-Brake to provide the Services.
1. The Engagement
1.1. Liz Andrew-Brake agrees to provide the Services for You, for the Fee, Terms and where applicable on the Date/s as set out on the Information Page or agreed to in writing by the parties.
1.2. You will either be granted immediate access to the Services, or where applicable Liz Andrew-Brake agrees to commence the Services on the Commencement Date, upon acceptance of these Terms and Conditions, and upon payment of the required Fee by You.
1.3. Where applicable the Commencement Date is outlined on the Information Page.
1.4. Both Parties agree that the Services will be provided online.
1.5. With the exception of the money-back guarantee set out below in clause 4.3 Liz Andrew-Brake will only provide you with a refund for the Services in the event she is unable to continue to provide the Services (the 'Refund').
2. Fee
2.1. You agree to pay Liz Andrew-Brake the Fee as set out on the Booking Page.
2.2. The Fee payable to Liz Andrew-Brake to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by Liz Andrew-Brake.
2.3. You agree to make Payment of the Fee via the Website, by the due date of your respective payment option.
2.4. In the event that any payment under these Terms is not made in full on the due date, Liz Andrew-Brake is entitled to remove you from the program and charge You interest at the rate of 5% per annum, calculated daily.
2.5. You agree that if you default on any payments due and payable under these Terms, including a payment plan, the full balance will become due and payable on the date of default, and any costs incurred by Liz Andrew-Brake for steps taken to enforce payment terms will be recoverable and payable by you.
2.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD).
3. Cancellation, Money-Back Guarantee and Termination
3.1. You must notify Liz Andrew-Brake of an intention to cancel the Services as soon as practicable through e-mail to [email protected] and abide by the following cancellation policy (‘Cancellation Policy’).
3.2. Where applicable, with the exception of the money-back guarantee in clause 3.3 below, the Services and Products are non-refundable. This means that if you wish to terminate the Services early, or terminate your involvement in the Program early, all unpaid amounts of the Purchase Price are non-refundable. If you are unable to attend a group session, you will not be provided with a refund.
3.3. If a money-back guarantee applies to your purchase, this will be outlined on the Website. Money-back guarantees apply as follows.
a. Passionate Practitioner Program: 7-day money-back guarantee applies
b. Group Supervision: No money back guarantee applies.
3.4. If a money-back guarantee applies to your purchase and if you decide the purchase it not right for you, you may request a refund within the money-back guarantee period commencing on the date of your purchase, unless otherwise advised.
3.5. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Services early, Liz Andrew-Brake reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Services will be revoked.
3.6. Liz Andrew-Brake may change the Cancellation Policy at any time without notice and bookings made in advance of the change will not be affected.
3.7. Liz Andrew-Brake reserves the right to terminate your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail.
3.8. If Liz Andrew-Brake terminates the Services, you agree to pay Liz Andrew-Brake for the portion of the Services completed up to the date and time of termination.
4. Delivery of Services and License Information
4.1. Each purchase of the Services grants you access to the program through the Membership Portal utilised from time to time and made available to you (the ‘Membership Portal’).
4.2. When you purchase a Service, Liz Andrew-Brake grants you a limited, revocable, non-exclusive, 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’).
4.3. The Licence is valid for the term of the Services, or as otherwise outlined in the relevant program or course terms and conditions (‘Licence Term’). This means the Services will be viewable via the download link for the Licence Term only.
4.4. The Services are 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.
5. Facebook Group
5.1 If specified on the Information Page, your purchase includes the use of a private Facebook group 'online group'. The length of this online group is for the length of program.
5.2 When You use the online group you acknowledge that other members of the program will use and share the same online group. By sharing personal information in these online groups you accept that Liz Andrew-Brake has no control over how other members of the group or Facebook share your information.
Group Sessions/ Group Supervision
5.2 Rules of the group sessions will be discussed and shared with all members during the first session. You are responsible for adhering to the rules. Breaching these rules may result in your termination from the program with no refund provided.
5.3 When you participate in the Group Sessions you acknowledge that other members of the group will hear the information that you share. By sharing information in group sessions/ group supervision you acknowledge that Liz Andrew-Brake has no control over how other members share your information.
5.4 You are required to keep other members information and group discussions (including names) confidential, and by sharing this information to outside parties will result in your termination of the program and the use of the online groups with no refund provided.
6 Warranty Period for the Services
6.1. Liz Andrew-Brake will use her best efforts and take all reasonable steps to support you to work towards achieving your desired results. However, Liz Andrew-Brake makes no warranty that the Services will meet your requirements or that all participants will achieve the same results.
6.2. 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 these Terms with Liz Andrew-Brake, and you are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
7. Disclaimer
7.1. You are solely responsible for creating and implementing your own career or business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and your sessions and interactions with Liz Andrew-Brake. As such, you agree that Liz Andrew-Brake is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or career, or for any direct or indirect result of any Services provided by Liz Andrew-Brake.
7.2. You understand that in order to enhance the relationship and sessions with Liz Andrew-Brake you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.
8. Liability and waivers
8.1. Liability
Liz Andrew-Brake’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
8.2. Waivers
(a) 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.
(b) 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.
9. Disclosure and Use of Confidential Information
9.1. All obligations of confidence set out in these Terms continue in full force and effect after completion of services.
9.2. Liz Andrew-Brake will not disclose any Confidential Information to any third party without your prior consent.
9.3. These Terms prohibits the disclosure of Confidential Information by Liz Andrew-Brake with exception to the following circumstances:
(a) 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;
(b) the disclosure is required by applicable law or regulation; or
(c) if the confidential information is already in the public domain at no fault of Liz Andrew-Brake
10. Copyright and Intellectual Property Rights
10.1. Intellectual Property Rights
(a) You agree that any works, items, materials or information of whatever nature produced or developed by Liz Andrew-Brake or under Liz Andrew-Brake’s direction pursuant to or in the course of providing the Services will remain the sole and complete property of Liz Andrew-Brake whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(b) If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 9.1(a) above have been produced by Liz Andrew-Brake as part of the Services, Liz Andrew-Brake 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 Commencement Date.
(c) There is no assignment of Intellectual Property Rights by Liz Andrew-Brake to You pursuant to these Terms.
(d) Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.
10.2. Indemnification
You hereby indemnify and agree to keep indemnified Liz Andrew-Brake 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.
11. Force Majeure
11.1. If circumstances beyond Liz Andrew-Brake’s control prevent or hinder her from providing the Services, Liz Andrew-Brake is free from any obligation to provide the Services while those circumstances continue. Liz Andrew-Brake may elect to terminate these Terms or keep the Terms on foot until such circumstances have ceased.
11.2. Circumstances beyond Liz Andrew-Brake’s 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.
12. Dispute Resolution & Mediation
We hope that a dispute between us does not arise, however in the unlikely event that it does, the following clause will apply.
12.1. If a dispute arises out of or relates to the terms of 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).
12.2. A party to these Terms claiming a dispute (‘the 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 (‘the Notice’).
12.3. 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.
12.4. 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.
12.5. It is agreed that mediation will be held in Sydney, New South Wales, with the venue to be agreed.
12.6. The parties agree to be equally liable for the Fee 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.
12.7. 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.
12.8. 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.
13. Marketing
You agree that any testimonials that may be provided by you from time to time may be used by Liz Andrew-Brake for marketing purposes. Permission will be sought to use your name.
14. 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.
15. Governing Law & Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Services, Liz Andrew-Brake agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Sydney, New South Wales, Australia.
16. 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.
17. Entire Agreement and Modifications
Both You and Liz Andrew-Brake confirm and acknowledge that these Terms, the Booking Page and Information Page of the website constitute the entire agreement between You and Liz Andrew-Brake and shall supersede and override all previous communications, either oral or written, between the parties.