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LISA BYRNE

WEBSITE TERMS AND CONDITIONS OF USE

  1. About the Website
  1. Welcome to https://www.lisabyrne.com.au (Website). The Website provides you with an opportunity to browse and purchase various services that have been listed for sale through the Website (Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services). 
  2. The Website is operated by Lisa Byrne Marketing Pty Ltd (ABN: 46 650 668 198) t/a Lisa Byrne (Lisa Byrne). Access to and use of the Website, or any of its associated Products, are provided by Lisa Byrne. Please read these terms and conditions (Terms & Conditions) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms & Conditions. If you do not agree with the Terms & Conditions, you must cease usage of the Website, or any Services, immediately.
  3. Lisa Byrne reserves the right to review and change any of the Terms & Conditions by updating this page at its sole discretion. When Lisa Byrne updates the Terms & Conditions, it will use reasonable endeavours to provide you with notice of updates to the Terms & Conditions. Any changes to the Terms & Conditions take immediate effect from the date of their publication. 

2. Acceptance of the Terms & Conditions

You accept the Terms & Conditions by remaining on the Website. You may also accept the Terms & Conditions by clicking to accept or agree to the Terms & Conditions where this option is made available to you by Lisa Byrne in the user interface.

  1. Purchase of Services 
  1. In using the Purchase Services to purchase a Service through the Website, you will agree to the payment of the purchase price listed on the Website for the Service (Purchase Price).
  2. Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers).
  3. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
  4. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms & Conditions and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  5. Following payment of the Purchase Price being confirmed by Lisa Byrne, you will be issued with a receipt to confirm that the payment has been received and Lisa Byrne may record your purchase details for future use.
  6. In the event that any payment under these Terms & Conditions is not made in full on the due date, Lisa Byrne is entitled to charge You interest at the rate of 5% per annum, calculated daily.
  7. You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Lisa Byrne for steps taken to enforce payment terms will be recoverable and payable by You.

4. Rescheduling, Termination & Refunds 

  1. You must notify Lisa Byrne of an intention to reschedule any part of the Services, being your session, as soon as practicable through e-mail to lisa@lisabyrne.com.au and abide by the following (Rescheduling Policy).
  2. Lisa Byrne understands that things change, and therefore if you need to make a request to reschedule your session time you agree to provide at least 5 business days’ notice. Unfortunately, if you have to make changes within 5 days of your scheduled session, you will forfeit the session.
  3. If you cancel a session and do not reschedule, you will forfeit the session.
  4. Lisa Byrne may change the Rescheduling Policy at any time without notice and bookings made in advance of the change will not be affected.
  5. You must notify Lisa Byrne of an intention to terminate as soon as practicable through e-mail to support@lisabyrne.com.au and abide by the following (Termination Policy).
  6. The Services are non-refundable. If you have purchased the Services and wish to terminate your involvement 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. 
  7. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Services early, Lisa Byrne 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.
  8. Lisa Byrne will only provide you with a refund of the Fees in the event that Lisa Byrne is unable to continue to provide the Services (Refund).  
  9. Lisa Byrne reserves the right to terminate your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail. 
  10. If Lisa Byrne terminates the Services, you agree to pay Lisa Byrne for the portion of the Services completed up to the date and time of termination.
  11. Lisa Byrne may change the Termination Policy at any time without notice and bookings made in advance of the change will not be affected.

5. Delivery of Services and License Information 

If you are purchasing Services that include access to an online educational platform the following clauses will apply.

  1. Each purchase of the Services grants to you access to the program through Kajabi, the Membership Portal (Membership Portal). 
  2. When you purchase a Services, Lisa Byrne 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 (Licence).
  3. The Licence is valid for the term of the Services (Licence Term). This means the Services will be viewable for the Licence Term only. After this time the Services will expire and you will no longer be able to access the Services. 
  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.  

6. Group Coaching 

It is important to Lisa Byrne that all participants are comfortable to fully participate in the Services. Therefore, if you are purchasing a group coaching program (Group Coaching Program) the following clauses will apply. 

  1. As a participant in a Group Coaching Program (Participant), you expressly agree that you will not, through any means:
  1. harm, harass, hassle, abuse or discriminate against 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.
  1. Lisa Byrne, at its discretion, reserves the right to exclude you from any group sessions or events if you are disruptive or disrespectful in any way.
  2. Lisa Byrne, 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 Services. 
  3. Lisa Byrne retains the right to deny you access to the Services at any time for breach of these Terms & Conditions. 
  4. The Services will be provided using Kajabi, Facebook, Zoom and any other platform as directed by Lisa Byrne from time to time. You acknowledge and understand that you are required to have access to adequate technology and internet to participate fully in the Group Coaching Program.

7. Warranty

  1. Lisa Byrne will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Lisa Byrne 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. 
  3. For major failures with the Service, you are entitled to cancel your contract with Lisa Byrne, and are entitled to a refund for the unused portion, or to compensation for its reduced value. 
  4. 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.

8. Services Disclaimer

  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 Lisa Byrne. As such, you agree that Lisa Byrne 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 Lisa Byrne.
  2. You understand that the Services are not a substitute for independent professional advice and any reliance on this information is at your risk. You agree to assess whether the information provided by Lisa Byrne is appropriate and applicable to your needs. Lisa Byrne strongly recommends that you obtain independent professional advice before relying on the information provided to you.
  3. You understand that in order to enhance the relationship and sessions with Lisa Byrne, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.

9. Information Disclaimer

  1. Any information, advice, content or documentation provided on the Website, through the Services, social media accounts, podcast, blog or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only. 
  2. All care is taken in the preparation of the information and published materials on the Website, through the Services, social media accounts, podcast, blog, or on any other related platform. Lisa Byrne does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 
  3. To the extent permissible by law, Lisa Byrne will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, social media accounts, podcast, blog, or on any other related platform.

10. General Disclaimer

  1. You acknowledge that Lisa Byrne does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Service other than provided for pursuant to these Terms & Conditions.
  2. Nothing in these Terms & Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  3. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms & Conditions are excluded; and
  2. Lisa Byrne will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms & Conditions (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  3. Use of the Website, the Purchase Services, and any of the products of Lisa Byrne is at your own risk. Everything on the Website, the Purchase Services, and the Services of Lisa Byrne, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Lisa Byrne make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Lisa Byrne) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
  4. the Content or operation in respect to links which are provided for your convenience;
  5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10. Copyright and Intellectual Property

  1. You acknowledge that the Website, the Purchase Services, Lisa Byrne’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Lisa Byrne or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (Content).
  2. You hereby indemnify and agrees to keep indemnified Lisa Byrne against all liability, losses or expenses incurred by Lisa Byrne in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Lisa Byrne or any third party by you or your agents.
  3. You may not, without the prior written permission of Lisa Byrne and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
  4. For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Lisa Byrne, Lisa Byrne 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

11. Privacy

Lisa Byrne takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Lisa Byrne’s Privacy Policy.

  1. User Generated Content
  1. If you choose to contribute any content to the Website, or any other platform operated by Lisa Byrne, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
  2. By contributing content to the Website, you grant Lisa Byrne a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Lisa Byrne.
  3. Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Lisa Byrne can use that information with Your Content for advertising and promotional purposes, or any other business purpose. 
  4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Lisa Byrne social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Lisa Byrne. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
  5. Please ensure you keep your own copies of Your Content as Lisa Byrne may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
  6. Lisa Byrne will endeavour to provide you with an appropriate credit when using Your Content on Lisa Byrne’s platforms, though you understand and agree this may not always be possible.
  7. Lisa Byrne reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

13. Mailing List Registration

  1. You may be given the option to register for the Lisa Byrne Mailing List (Mailing List).
  2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
    • Email address
    • Name
  3. If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Lisa Byrne.

14. Limitation of Liability

  1. Lisa Byrne’s total liability arising out of or in connection with the Purchase Services or these Terms & Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms & Conditions or where you have not paid the Purchase Price, then the total liability of Lisa Byrne is the resupply of information or Purchase Services to you.
  2. You expressly understand and agree that Lisa Byrne, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  3. Lisa Byrne is not responsible or liable in any manner for any site content (including the Content and third party content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Lisa Byrne, by third parties or by any of the Purchase Services offered by Lisa Byrne.

15. Indemnity

You agree to indemnify Lisa Byrne, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms & Conditions; and/or
  3. any breach of the Terms & Conditions.

16. Venue and Jurisdiction

The Purchase Services offered by Lisa Byrne is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

  1. Governing Law

The Terms & Conditions are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms & Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms & Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.

  1. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms & Conditions are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms & Conditions are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  1. Severance

If any part of these Terms & Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms & Conditions shall remain in force.