Foundations Terms and Conditions

Laura Higgins
Foundations
Purchase Terms and Conditions

Thank You for choosing Laura Higgins! These Terms and Conditions govern the relationship between the Parties. By clicking “accept” You agree to these Terms and Conditions.

These Terms and Conditions are read in conjunction with the information on the Purchase Page (Purchase Page), Foundations Information Page of the website (Information Page).

Parties

You are the Participant, and Your details are set out on the Purchase Page of the Website.

AND -

Lala Social Club Pty Ltd (acn: 109 326 467) of suite 1/61 Stewart Ave, Hamilton South NSW 2303 t/a Laura Higgins (Laura Higgins).

Summary

Laura Higgins offers unique 12-week program known as Foundations (Foundations) where clients are provided training, coaching, digital content, templates and more in order to uplevel marketing in their business (Services). You have engaged Laura Higgins to provide the Services.

The Parties agree as follows

1. Personal Information
(a) When purchasing the Services, You will be required to provide personal information such as Your full name, password, postal and e-mail address.

(b) You agree that all details that You have provided in completing the purchase are true and correct.
(c) Your personal information is kept in accordance with the Laura Higgins Privacy Policy (Privacy Policy) which can be accessed via the Website.

2. Purchase of the Services

(a) You agree to pay Laura Higgins the Purchase Price as set out on the Purchase Page (Purchase Price).

(b) Both Parties agree that the Services will be provided online.

(c) From time to Laura Higgins may, at its sole discretion, provide You with bonus content or material, as set out in the Information Page.

(d) The Purchase Price for Foundations are outlined on the Information Page.

(e) Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).

(f) In using the Purchase Services, 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.

(g) Following payment of the Purchase Price being confirmed by Laura Higgins, You will be issued with a receipt to confirm that the payment has been received and Laura Higgins may record Your purchase details for future use.

(h) You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by Your financial institution or is unpaid by You for any other reason, then You are liable for any costs, including banking fees and charges, associated with the Purchase Price.

(i) 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, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

3. Termination and Refunds

(a) All Services are non-refundable. This means that if You wish to terminate the program early, all remaining amounts of the Purchase Price are non-refundable.

(b) If You are paying through a split payment plan, You are required to make all outstanding payments of the Purchase Price within 7 days of termination.

(c) Laura Higgins reserves the right to terminate Your involvement in the Services for breach of this Agreement with 7 days’ notice by email.

(d) If Laura Higgins terminates the Services, You agree to pay Laura Higgins for the portion of the Services completed up to the date and time of termination.

(e) Laura Higgins will only provide You with a refund of the Purchase Price in the event that Laura Higgins is unable to continue to provide the Services (Refund).

3.1 7 Day Money Back Guarantee

(Amended & Applicable from 27/3)

(a) To be eligible for the money back guarantee, You must attend 1 x coaching call & submit your work.

(b) Refunds will be process with-in 7 days after confirmation of program exit.

4. Delivery of Foundations and License Information

(a) Each purchase of the Services grants to You access to the Group Coaching Program (Foundations) through the designated Membership Portal (Membership Portal).

(b) When You purchase a Foundations through the Website, Laura Higgins grants You a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Foundations and any related software, content, equipment or other materials for Your specific, non-commercial use only (Licence).

(c) Foundations is a 11 week program, however the Licence to access included content is valid for the lifetime of the Membership Portal (Licence Term). Laura Higgins will not be held liable for any loss or damage You incur as a result of the Membership Portal no longer being accessible to You.

(d) Foundations 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 Foundations materials, booklets, and access to any other aspect of Foundations.

5. Warranty Period for the Services

(a) Laura Higgins will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Laura Higgins makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.

(b) 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 Laura Higgins, and are entitled to a refund for the unused portion, or to compensation for its reduced value. 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.

6. Disclaimer

(a) You are solely responsible for creating and implementing Your own business, financial, marketing, mental, decisions, choices, actions and results arising out of or resulting from the Services and Your interactions with Laura Higgins. As such, You agree that Laura Higgins 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 Laura Higgins.

(b) You understand that the Services, and any information You receive through Your involvement in the Services, or through any materials and documents provided to You are not a substitute for marketing, legal, business or financial advice. Laura Higgins recommends You seek independent business, accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Services. Laura Higgins will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.

7. Liability and waivers

7.1 Liability

Laura Higgins’s total liability arising out of or in connection with the Services or this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.

7.2. Waivers

(a) A waiver of any right, power or remedy under this Agreement 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 this Agreement does not amount to a waiver.

8. Third-Party Contractors and Consultants

(a)Laura Higgins prides takes pride in delivering high-quality and enriching services within Foundations. Therefore, Laura Higgins may, at any time and with sole discretion, outsource any of the Services to third-Party contractors or consultants, including guest speakers, without Your prior consent. Laura Higgins will not be liable for any action or inaction, opinions, views or advice of any third-Party.

9. Disclosure and Use of Confidential Information

(a) All obligations of confidence set out in these terms continue in full force and effect after the Services have been provided.

(b) The Parties must not disclose any Confidential Information to any third Party without the prior consent of the other Party.

(c) Each Party must keep confidential the terms of these terms. If a Party becomes aware of a breach of this obligation, that Party will immediately notify the other Party.

(d) These Terms prohibit the disclosure of Confidential Information by wither Party with exception to the following circumstances:
i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these terms and the related Party has consented to the disclosure of such information to the professional adviser;
the disclosure is required by applicable law or regulation; or
if the confidential information is already in the public domain at no fault of either Party.

10. Copyright and Intellectual Property Rights

10.1 Intellectual Property Rights

(a) You agree that any Intellectual Property of whatever nature produced or developed by Laura Higgins or under Laura Higgins's direction under or in the course of providing the Services will remain the sole and complete property of Laura Higgins.

(b) If You have fully complied with this Agreement and if the Intellectual Property including processes, methodologies, course materials, information, documentation, and creative works referred to in clause 10.1(a) have been produced by Laura Higgins as part of the Services, Laura Higgins grants to You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and to use such Intellectual Property for such purposes as the Parties reasonably contemplate at the Commencement Date (Licence).
(c) There is no assignment of Intellectual Property rights by Laura Higgins to You under this Agreement.

(d) Nothing in this Agreement affects the moral rights in any works, items, materials or information supplied under this Agreement.

(e) You retain ownership of Your own data. You hereby grant Laura Higgins a licence to use, copy, transmit, store and backup a copy of Your data for the purposes of providing the Services.

10.2 Indemnification

(a) You hereby indemnify and agree to keep indemnified Laura Higgins 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. Dispute Resolution & Mediation

(a) If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.

12. No Partnership or Agency

Nothing contained or implied in this Agreement 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.

13. Force Majeure

(a) If circumstances beyond Laura Higgins’s control prevent or hinder its provision of the Services, Laura Higgins is free from any obligation to provide the Services while those circumstances continue. Laura Higgins may elect to terminate this Agreement or keep the Agreement on foot until such circumstances have ceased.

(b) Circumstances beyond Laura Higgins’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.

(c) For the sake of clarity, if in Laura Higgins’s reasonable opinion, the provision of the Services will be affected by a pandemic, Laura Higgins may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Laura Higgins will not be liable for any losses or damage due to a pandemic. If You choose to terminate an agreement due to a pandemic, clause 3 will apply.

14. Governing Law & Jurisdiction

This Agreement is governed by the laws of the New South Wales, Australia. In the event of any dispute arising out of or in relation to the Services, the parties agree that New South Wales, will be the venue for resolving any disputes.

15. Severance

Any provision of this Agreement 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 this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

16. Marketing

You agree that any testimonials that may be provided by You from time to time may be used by Laura Higgins for marketing or promotional purposes.

17. Assignment

You agree Laura Higgins may delegate and/or subcontract any obligations under this Agreement for the purpose of providing the Services, as required and at the discretion of Laura Higgins, to any party without Your consent. If Laura Higgins does exercise its rights under this clause, Laura Higgins remains liable and responsible to You in respect of the Services.

18. Entire Agreement and Modifications

The parties confirm and acknowledge that this Agreement, the Information Page and the Purchase Page is the entire Agreement between them and supersedes and override all previous communications, either oral or written, between the parties.