Her Leadership Way Terms and Conditions

Effective date: May 28, 2023

Her Leadership Way Terms & Conditions

TERMS AND CONDITIONS

Please READ carefully, as this pertains to the Agreement of your registration with any of the products provided by Her Leadership Way and/or Rochelle Janssens (sometimes referred to as “Company”).

Acceptance of Terms

1.By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchase any of our products or attend our events, you (sometimes referred to as 'Client') agree to be bound by these Terms, which you acknowledge that you have read and understood.

2.We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at [email protected] and  immediately discontinue your use of the products and/or services.

General Disclaimer 

3.All Her Leadership Way products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.

4. Her Leadership Way provides support, guidance and tools for you to gain greater self-awareness, shift mindsets, experiment with new approaches and achieve results in your career, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.

5.Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

6.You acknowledge and agree that he Company, it's employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any career, business or personal decision made by you at any time.

Program

7.If you are a registered user or member to this Site, you acknowledge and agree that:

1. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
2. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
3. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
4. You will immediately notify us if your Password is lost or becomes known to any other person
5. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
6. Any information you provide to us for posting or inclusion in our Her Leadership Way or Accelerate Your Leadership Communities, at any time, becomes our property.

8.To the extent that you provide personal information, the Company will treat such information strictly in accordance with its Privacy Policy.

9.You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details. 

10.Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

DEFINITIONS

11. Individual coaching sessions are between Client and Rochelle Janssens and are at an agreed length of time, stated in the Client Onboarding Manual. The Client is responsible for turning up at the scheduled time and agrees that Rochelle Janssens is under no obligation to replace any scheduled sessions Client does not attend. Client understands that Rochelle Janssens will wait for 15 minutes from the scheduled start of the session after which time, if Client has not presented, the session is considered complete.

12.Voice and text messaging in between sessions, where included in any program package, will be responded to within 1 business day during business hours. A business day begins at 8:00 am AEST and ends at 5:00 pm AEST Monday to Friday and excludes any Public Holidays observed in Brisbane City Council. Responses may be provided outside of those hours, however Client agrees there is no obligation to do so.

13.Live calls are held via the Zoom platform online at scheduled times. If Client is unable to attend a recording may be made available and irregardless Client understands if a session is not attended, it is still considered complete. 

 

Copyright

14.All material on this Site, in our Accelerate Your Leadership Community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and templates, is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or career use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

15.You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

16.The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of the Company. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to the Company in any manner that is likely to cause confusion with customers, or in any manner that disparages the Company.

17.Nothing contained on this Site or in our Accelerate Your Leadership Academy Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

18.You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that the Company will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

Right to Suspend, Terminate and Refund

19.We reserve the right to suspend or terminate your use of the Site, the Accelerate Your Leadership Academy Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.

20.Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our Accelerate Your Leadership Academy Community, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).

Financial Terms

21.There are no refunds for the Accelerate Your Leadership Academy monthly pay option. You can cancel payments at any time and will continue to have access to the content and community until one month from your last payment. 

22. Refunds for the annual payment option of Accelerate Your Leadership Academy can be requested within 14 days by emailing [email protected] 

Refunds are not provided for change of mind purchases, change in personal circumstances, or inability to commit.  We will work with you to assist with any barriers you are facing which may include deferral of the program or credit you for a future program or membership.

If you work through the first few modules of a course and are not totally happy with it, then we will refund your money. 

Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the Her Leadership Way team. 

22.Most of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

1. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
2. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

24.Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.

25.We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.

26.We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

Live Events

27.You understand and acknowledge that the Company and/or its representatives may record any aspect of a Live Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Her Leadership Way.

28.You hereby waive any and all legal rights you may have against the Company in respect of Recordings of your participation in the event and grant to the Company the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.

29.You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.

30.You hereby release, discharge and agree to hold harmless the Company from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.

31.You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar or other in-person forum.

32.In the unlikely event that the Company cancels an Event, you will receive a full refund of the purchase price paid for the Event. The Company will not reimburse any optional expenses including but not limited to flights and accommodation.

CONFIDENTIALITY

33. The Company respects Clients’ privacy and insists that the Client respects ours as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared by Her Leadership Way Participants or any representative of Her Leadership Way is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with other Clients, or Rochelle, during the respective program. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

34.Both Parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.

35.Client agrees not to violate the Publicity or Privacy Rights belonging to Her Leadership Way. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.

36.By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, Her Leadership Way and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

 

Liability is Limited

37.The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.

38.We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Accelerate Your Leadership Academy Community or Our Content.

39.In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Accelerate Your Leadership Academy Community or Our Content.

40.These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

1. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
2. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
3. Accessing websites or servers maintained by other organisations through links on our Site, Accelerate Your Leadership Academy Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
4. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

Your Indemnity

41.You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Accelerate Your Leadership Academy Community or through use of our products or services.

 

No Assignment

42.You cannot transfer or assign your Her Leadership Way program or Accelerate Your Leadership Academy membership without our prior written consent.

43.We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

Dispute Resolution

44.If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

45.In the case of claims against us, all notices are to be provided to [email protected] 

46.If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

47.Once a mediator is appointed, the parties agree that:

1. The costs of the mediator shall be borne equally between the disputing parties.
2. The chosen mediator shall determine the procedures for mediation.
3. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

48.If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

49.Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

50.Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

51.This clause survives termination of these Terms.

Applicable Law

52.These Terms shall be construed in accordance with and governed by the laws of Queensland. You consent to the exclusive jurisdiction of the courts in Queensland to determine any matter or dispute which arises between us. 

Force Majeure

53.In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

Severability/Waiver

54.If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.  

Modification

55.Company may modify terms of this Agreement at any time. All modifications shall be posted on the Program’s website.