The Next Level Club Terms & Conditions

Membership Purchase Terms and Conditions

Thank You for choosing Laura Higgins!

These Terms and Conditions govern your purchase.

By clicking “accept” You agree to these Terms and Conditions.

1. Purchase Services
1.1 The Website, www.laurahiggins.com is operated by 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).

1.2. Access to and use of the Website, or any of its associated services is provided by Laura Higgins.

1.3. The Website provides you with an opportunity to browse and purchase participation in The Next Level Club membership that has been listed for sale through the Website (Membership). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

1.4. You have agreed to purchase a Membership through the Website.

1.5. These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and Membership information page (Membership Information Page) of the Website.

2. Personal Information

2.1. When purchasing the Membership, you will be required to provide personal information about yourself and your business (such as identification or contact details), including: email address, payment information, business name and ABN.

2.2. You agree that all details that you have provided in completing the purchase are true and correct.

2.3. Your personal information is kept in accordance with the Laura Higgins Privacy Policy which can be accessed which is available on the Website (Privacy Policy).

3. Membership General Terms

3.1. The Membership includes a range of content and other benefits available to you via The Next Level Club Facebook Group (Facebook Group), The Next Level Club Membership Portal (Membership Portal), group coaching calls and direct communication between Laura Higgins and You (Services).

3.2. Laura Higgins reserves the right to change the features, content or Services related to the Membership without notice to you in order to improve the quality of the Membership offered to you or for any other reason, as its sole discretion.

3.3. Once Your Membership is accepted by Laura Higgins, this Agreement, the Website Terms and Conditions and Privacy Policy, the Facebook Terms and Conditions www.facebook.com/terms including the Facebook Community Standards available at https://www.facebook.com/communitystandards/ as each amended from time to time will govern your continued Membership and use of the Services.

4. Registration for Membership

4.1. In order to register for a Membership, you must complete the application process outlined on the Membership Information Page and make payment of the Membership Fees (Membership Fees) applicable to Your chosen payment method.

4.2. You warrant that any information you give to Laura Higgins in the course of completing the registration process will always be accurate, correct and up to date.

4.3. Once you have completed the registration process, and your Membership is accepted, you will be a registered member of the Website and agree to be bound by the Terms (Member).

4.4. Laura Higgins will only accept completed applications, and reserves the right to reject an application for any reason.

4.5. If your application is accepted, you will receive a confirmation e-mail on receipt of your completed application and payment.

4.6. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Laura Higgins; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

5. Membership Inclusions

5.1. Laura Higgins offers one membership with inclusions outlined on the Membership Information Page and within The Next Level Promise document provided to You after the application process.

5.2. All inclusions are subject to change and are offered at the sole discretion of Laura Higgins.

5.3. The Membership period is 12 months (Membership Period). At the end of the Membership Period, your Membership will automatically continue on a month to month basis unless cancelled in accordance with clause 14.

6. Membership Fees

6.1. You agree to pay Laura Higgins the monthly Membership Fees set out as on the Membership Information Page.

6.2. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts.

6.3. You agree and acknowledge that Laura Higgins can vary the Membership Fees at any time by providing advanced notice to you.

7. Purchase of Membership

7.1. You are given the option of paying for the Membership Fees through a payment plan. The price for each plan are set out on the Membership Information Page.

7.2. If you choose to pay through a payment plan, you agree to pay Laura Higgins the annual Membership Fees at the then-current rate, on a weekly or monthly basis for the Membership Period.

7.3. If you choose to pay the Membership Fees through a payment plan, fees are automatically billed on a monthly or weekly basis (depending on the payment plan chosen) corresponding to the same date as your original sign up date (Billing Date) and will charged to the same payment process used in your initial payment.

7.4. All payments made in the course of your use of the Services are made through debit card and credit card through the available payment provider (Payment Gateway Providers). When making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by terms and conditions which are available on their website.

7.5. Following payment of the Membership Fees 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.

7.6. You acknowledge and agree that where a request for the payment of the Services Fee 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 Membership Fees.

7.7. In the event that any payment under this Agreement is not made in full on the due date, Laura Higgins is entitled to charge You interest at the rate of 5% per annum, calculated daily.

7.8. You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Laura Higgins for steps taken to enforce payment terms will be recoverable and payable by You.

8. 30 Day ‘Love It or Leave It’ Period

8.1. Laura Higgins wants You to be satisfied with Your purchase and therefore provides a 30 day ‘Love It or Leave It’ period for the Membership, governed by the following terms.

8.2. The Love It or Leave It period commences on the date of Your Kickoff Call and extends for 30 calendar days from that date.

8.3. In order to cancel Your Membership You must contact the Laura Higgins support team at [email protected] to indicate that You will be cancelling Your Membership (Love It or Leave It Period) within the first 30 days of Your initial Kickoff Call.

8.5. After the Love It or Leave It Period, You are responsible for full payment of the Membership Fees regardless of whether You complete the program.
Once granted cancellation of Your Membership under this Love It or Leave It policy, Laura Higgins will promptly terminate any and all licenses granted to You for use of the Membership material made available to You under these Terms and Conditions. You agree that You will cease using any of the material supplied by Laura Higgins, including immediately deleting any Membership material you have downloaded including video recordings, audio recordings, forms, templates, or other material of any kind whatsoever.

8.6. If You have made payment in full and wish to cancel your Membership during the Love it or Leave It Period, You will be refunded for the unused portion of the Membership from the date of cancellation. For the sake of clarity, if you have paid via a payment plan and choose to cancel your Membership during this period, a refund is not applicable and will not be processed.

9. Member Conduct and Obligations

9.1. As a Member, you expressly agree that you will not, through any means:
(a) harm, harass, hassle or abuse other Members; or
(b) send un-welcomed communication such as spam to other Members; or
act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
(c) infringe the intellectual property or privacy rights of any Member or any third-party.

9.2 Laura Higgins, at its discretion, reserves the right to remove, edit or alter any content created by you, on the membership site or on the Facebook Group or any other related platform.

9.3Laura Higgins retains the right to revoke your Membership or deny you access to the Services at any time.

94. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. you agree to immediately notify Laura Higgins of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Laura Higgins providing the Services;

(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Laura Higgins;

(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Laura Higgins for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its Services is prohibited

10. Coaching Relationships and Your Obligations

10.1 Laura Higgins provides You with the opportunity to contact Laura Higgins coaches through zoom, social media direct messaging and the Laura Higgins private Facebook Group. Lala Social Call endeavours to respond to Your questions and requests within 48 hours however this is a guide and Laura Higgins will not be held liable should it not be able to answer your communications within this time frame. Please note that Laura Higgins will not answer communication outside of the hours of 10am – 5pm, Monday to Friday AEST.

10.2 You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

10.3 You agree to adequately prepare for each session by following the reasonable requests of Laura Higgins including but not limited to bringing an issue or agenda to the relevant session from time to time.

10.4. You agree to attend each session on time. Laura Higgins will not be responsible for You missing out on the value of a session should you not be able to attend, or arrive late.

10.5. You agree to cooperate with Laura Higgins to resolve any issues that arise in the provision of the Services.

11. Delivery of Membership and Licence Information

11. Each Membership purchase grants to you access digital content through the Membership Portal.

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

11.3. The Licence is valid for the length of Your Membership (Licence Term). This means the Services will be viewable via the download link for the Licence Term only. After this time the Licence will expire and You will no longer be able to access the Services.

11.4. 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 Membership materials, digital resources, and access to any other aspect of the Membership.

12. Audio-Visual Recordings

12.1. You consent to Laura Higgins recording all group call sessions provided through the Services.

12.2. You may not record the group call sessions without prior consent from Laura Higgins.

12.3. Screen shots, clips and other material from the recorded group call sessions may be used for inclusion on Laura Higgins’s website, blog, portfolio, or for marketing and promotional purposes, with Your prior consent.

12.4. You may request access to recordings of specific core coaching calls up to 30 calendar days from the recording date and save a copy for future reference.
Laura Higgins is entitled to delete recordings after 30 calendar days.

13. Intellectual Property Rights

13.1 You acknowledge and agree that Laura Higgins’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 Laura Higgins or its affiliates, licensors, or suppliers whether displayed on the Website, Membership Portal, social media accounts or on any other related platform.

13.2. You hereby indemnify and agrees to keep indemnified Laura Higgins against all liability, losses or expenses incurred by Laura Higgins in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Laura Higgins or any third party by you or your agents.

13.3. In the event of failure to seek and be granted permission to share or distribute any content in the Services, including that created by other Members, Laura Higgins has the right to terminate your Membership and take further action as may be appropriate to protect any and all intellectual property rights Laura Higgins has in content.

13.4. For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Laura Higgins, Laura Higgins 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.

14. Pausing, Cancellation and Termination of this Agreement

14.1. Cancellation and Termination

(a) You may cancel your Membership by providing written notice to Laura Higgins by e-mail to [email protected].

(b) With the exception of the 30 day ‘Love It or Leave It’ Period set out at clause 8 above, the Membership Fees are non-refundable. This means that if You wish to terminate your Membership early, all unpaid amounts of the Membership Fees are non-refundable.

(c) For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate your Membership early, Laura Higgins reserves the right to immediately collect all outstanding amounts of the Membership Fees without notice by charging your method of payment, and your access to the Services will be revoked.

(d) If You are unable to attend a group coaching session, you will not be provided with a refund.

(e) Laura Higgins may change the Termination Policy at any time without notice with and registrations completed in advance of the change will not be affected.

(f) Laura Higgins reserves the right to terminate Your involvement in the Services for breach of these Terms and Conditions with 7 days’ notice by e-mail.

(g) If Laura Higgins terminates the Services, You agree to pay Laura Higgins for all Services provided up until the date of Termination.

(h) Following the 12-month Membership Period, you may cancel your Membership by providing 30 days’ written notice to Laura Higgins and payments will cease to be deducted from your original payment method 30 days following your cancellation.

14.2 Pausing of Membership

Laura Higgins requests that You use Your best efforts to ensure that Your involvement in The Next Level Club is not interrupted by external events. However, Laura Higgins understands that unexpected life events do happen, such as sickness or other personal matters that are outside Your control. Therefore, this clause has been designed to facilitate flexibility should an unexpected issue arise that is outside Your control.

(a) Laura Higgins may, at its sole discretion, pause Your Membership for 1 month where You are unable to participate in the Services (Membership Pause).

(b) To request a Membership Pause, you will need to e-mail the Laura Higgins support team at [email protected] outlining the reasons for Your request.

(c) If Laura Higgins accepts Your request, You will be charged an administrative fee as outlined by Laura Higgins in writing and You will be notified by Laura Higgins of the new completion date and other relevant changes to details.

(d) Laura Higgins will not be responsible for any loss, or Your inability to continue the Services once they are recommenced, based on Your need for a Membership Pause.

15. Third-Party Contractors and Consultants

15.1. Laura Higgins prides takes pride in delivering high-quality and enriching services within the Membership. 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 (Third-Party Services).

15.2. Laura Higgins does not control any Third-Party Services. Laura Higgins additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Laura Higgins will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.

16. Mailing List Registration

16.1. You will be given the option to register for the Laura Higgins Mailing List (Mailing List) and SMS List (SMS List).

16.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name
(c) Phone Number

16.3. If you choose to register for the Mailing list and SMS List, you agree to receive promotional material, updates and other content from Laura Higgins

17. Warranty

17.1. Laura Higgins will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Laura Higgins makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.

17.2. 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 this Agreement with Laura Higgins, and you 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.

18. Services Disclaimer

18.1. 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 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 personal life or career, or for any direct or indirect result of any Services provided by Laura Higgins.

19. Information Disclaimer

19.1. Any information, advice, content or documentation provided through the Services, including in the associated Membership Portal, Facebook Group, podcast, on the Website, social media accounts 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. This includes information, guidance or advice provided by third-party guests and speakers on the Laura Higgins social media accounts.

19.2. All care is taken in the preparation of the information and published materials Membership Portal, Facebook Group, podcast, on the Website, social media accounts or on any other related platform. Laura Higgins does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

19.3. To the extent permissible by law, Laura Higgins 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 in the Membership Portal, Facebook Group, podcast, on the Website, social media accounts

20. Liability

20.1. You agree that Laura Higgins offers the Services with no guarantee of results of any kind. You agree that any results that occur during the delivery of the Services, whether positive or negative for you or your business, are the effects of your choices.

20.2. Laura Higgins’ total liability arising out of or in connection with the Membership and 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.

20.3. You expressly understand and agree that Laura Higgins, its affiliates, employees, agents, contributors and licensors will 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 will 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.

21. Waiver 

21.1. 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.

21.2. 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.

22. 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.

23. Governing Law & Jurisdiction

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

24. Indemnity

24.1. You agree to indemnify Laura Higgins, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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 your use of the Services;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and
(c)any breach of the terms.

25. Dispute Resolution & Mediation

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.

26. 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.

27. 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.

28. Entire Agreement and Modifications

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