1. PARTIES

You are the Participant, and your details are set out on the Booking Page.

Sheila V means Sheila Vijeyarasa (ABN: 604 699 63 277) of 34 Dreden Avenue, Beacon Hill, 2100, NSW Australia.

Sheila V offers an online program titled The Brave Woman for females and people who identify as women (the Program) in a group setting, over an initial 6-month period (Term), (the Services). You have engaged Sheila V to provide the Services.

THE ENGAGEMENT

1.1. SHEILA V agrees to provide the Services for You, for the Fees over the Term, as set out on the Program Information Page or agreed to in writing by the parties from time to time.
1.2. SHEILA V agrees to commence the Services on the Commencement Date, upon acceptance of these Terms and Conditions by You, and upon payment of the required Fees.
1.3. The Commencement Date is outlined on the Program Information Page and the initial Term is 6 months. After the initial 6 month Term, your membership will automatically roll over to a month-to-month membership, for a monthly fee that will be advised at the time, and will continue until terminated in accordance with these Terms and Conditions.
1.4. SHEILA V will work with you in a group setting to support You in doing the work required of You so you can work towards achieving your goals and objectives.
1.5. Both Parties agree that the Services will be provided online.
1.6. The Program is developed and targeted specifically to females and people who identify as women, including non-binary people. You agree that You are female or identify as a woman and acknowledge that SHEILA V uses terms such as, “sister”, “girl” and “women” when providing the Services.
1.7. SHEILA V will only provide you with a refund of the Fees in the event SHEILA V is unable to continue to provide the Services (Refund).

2. FEES

2.1. You agree to pay SHEILA V the Fees as set out on the Booking Page, which is one of the following options:
a. Monthly payments of the monthly amount set out on the Program Information Page (for a 6-month period); or
b. Single up-front payment of the amount set out on the Program Information Page.
2.2 The Fees payable to SHEILA V to provide 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 SHEILA V.
2.3. You agree to make Payment of the Fees via the Website by the due date of your respective payment plan option.
2.4. After the initial 6 month Term, the fees payable will be a monthly fee as advised to you upon the expiry of the initial 6 month Term.
2.5. In the event that any payment under these Terms and Conditions is not made in full on the due date, SHEILA V is entitled to charge You interest at the rate of 5% per annum, calculated daily.
2.6. You agree that if You default on any payments due and payable under these Terms and Conditions, SHEILA V may suspend your access to the Services, and any costs incurred by SHEILA V for steps taken to enforce payment terms will be recoverable and payable by You.
2.7. Unless otherwise stated, all amounts are listed in the currency stated on the Check Out Page when purchase is made and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

3. TERMINATION

3.1. You must notify SHEILA V of an intention to terminate the Services as soon as practicable through e-mail to [email protected] and abide by the following (Termination Policy).
3.2. The Program is non-refundable. This is due to the nature of the Program and the fact that you have access to the Program materials and SHEILA V’s intellectual property from the commencement date. You acknowledge and agree that You are receiving considerable value upon registering for the Program that extends beyond the monthly coaching sessions. This means that if you wish to terminate the program after the expiry of the Refund Period, all unpaid amounts of the Fees are non-refundable.3.3. If you have chosen to pay through a payment plan and you wish to terminate the Program early, the amount of the Fees outstanding as at the date of termination will immediately become due and payable. In this event You agree that SHEILA V has the right to immediately collect all outstanding amounts owed without notice by charging your method of payment, and your access to the Services will be revoked.
3.4. If the initial 6 month Term has expired and your membership is month-to-month, You can terminate the month-to-month membership by providing SHEILA V with 30 days written notice by email.
3.5. If You are unable to attend a group session, you will not be provided with a refund.
3.6. SHEILA V may change the Termination Policy at any time without notice and registrations completed in advance of the change will not be affected.
3.7. SHEILA V reserves the right to terminate Your involvement in the Services for breach of these Terms and Conditions with 7 days notice by e-mail.
3.8. If SHEILA V terminates the Services, You agree to pay SHEILA V for the portion of the Services completed up to the date and time of termination.

4. DELIVERY OF PROGRAM AND LICENSE INFORMATION

4.1. Each purchase of the Services grants to You access to the Program through a Kajabi Membership Portal (Membership Portal).
4.2. When You purchase the Program through the Website, SHEILA V grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Program and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
4.3. The Licence is valid for 6 months (Licence Term). This means the Program will be viewable via the download link for 6 months. After this time the Program will expire and you will no longer be able to access the Program.
4.4. The Program is intended for use by a single person only within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental program materials, booklets, and access to any other aspect of the Program.

5. GROUP COACHING

5.1. As a participant in the Program You expressly agree that you will not, through any means:
i. harm, harass, hassle, abuse or discriminate against other participants; or
ii. send un-welcomed communication such as spam to other participants; or
iii. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
iv. infringe the intellectual property or privacy rights of any participant or any third-party.
5.2. SHEILA V 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.
5.3. SHEILA V retains the right to deny You access to the Services at any time for breach of these Terms and Conditions.

6. YOUR OBLIGATIONS

6.1. By registering for the Program, You agree to the following conditions:
(a) Your registration and participation in the Program will not be in breach of any law of your own country.
(b) You have authority to agree to these Terms and Conditions.
(c) The information You provide when registering for the Program is accurate, and You will keep your contact and payment information up to date.
(d) You will not use any username or display name that is likely to mislead or deceive other participants.
(e) You will not use any username or display name that incorporates the name, image or likeness of another person.
(f) You are not registering to become a participant for anyone other than yourself.
(g) You will not transfer your registration to any third party, without the prior written permission from SHEILA V.
(h) You will keep your registration secure and You will not share your password or username details, or do anything else so as to jeopardise the security of your registration.
(i) You will notify SHEILA V immediately if You believe that any files or information You have accessed via the Program and/or the Website, contains viruses, spyware or other forms of malware.

7. WARRANTY PERIOD FOR THE SERVICES

7.1. SHEILA V will use its best efforts and take all reasonable steps to help You work towards achieving your desired goals and objectives. However, SHEILA V makes no warranty that the Services will meet your requirements or that all participants will achieve the same results.
7.2. To be clear, SHEILA V wants you to fully acknowledge and understand that You will only get out of the Program what You are willing to put into it. If You are not prepared to do the work required to move You towards your goals and objectives, You should not complete a registration.
7.3. 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 SHEILA V 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.

8. DISCLAIMER

8.1. You are solely responsible for creating and implementing Your own business, marketing, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and Your group sessions and interactions with SHEILA V. As such, You agree that SHEILA V 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 SHEILA V.
8.2. 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.

9. LIABILITY AND WAIVERS

9.1. Liability
The total liability of SHEILA V arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

9.2. Waivers
(a) A waiver of any right, power or remedy under these Terms and Conditions 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 and Conditions does not amount to a waiver.

10. DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION

10.1. All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services.
10.2. SHEILA V must not disclose any Confidential Information to any third party without your prior consent.
10.3. These Terms and Conditions prohibit the disclosure of Confidential Information by SHEILA V 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 and Conditions 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 SHEILA V.

11. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

11.1. You agree that any works, items, materials or information of whatever nature produced or developed by SHEILA V or under the direction of SHEILA V pursuant to or in the Program of providing the Services will remain the sole and complete property of SHEILA V, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(a) If You have fully complied with these Terms and Conditions and if the works, items, materials or information referred to in clause 10.1(a) have been produced by SHEILA V as part of the Services, SHEILA V 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.
(b) There is no assignment of Intellectual Property Rights by SHEILA V to You pursuant to these Terms and Conditions.
(c) Nothing in these Terms and Conditions affect the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.
11.2 Indemnification You hereby indemnify and agree to keep indemnified SHEILA V 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.

12. FORCE MAJEURE

12.1. If circumstances beyond the control of SHEILA V prevent or hinder its provision of the Services, SHEILA V is free from any obligation to provide the Services while those circumstances continue. SHEILA V may elect to terminate these Terms and Conditions or keep these Terms and Conditions on foot until such circumstances have ceased.
12.2. Circumstances beyond the control of SHEILA V 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.
12.3. For the sake of clarity, if in the reasonable opinion of SHEILA V, the provision of the Services will be affected by a pandemic, SHEILA V may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, SHEILA V will not be liable for any losses or damage due to a pandemic. If You choose to terminate these Terms and Conditions due to a pandemic, the termination provisions at clause 3 will apply.

13. THIRD-PARTY CONTRACTORS AND CONSULTANTS

13.1. SHEILA V prides takes pride in delivering high-quality and enriching services within the program. Therefore, SHEILA V 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. SHEILA V will not be liable for any action or inaction, opinions, views or advice of any Third-Party (Third-Party Services).
13.2. SHEILA V does not control any Third-Party Services. SHEILA V 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 SHEILA V 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.

14. 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.
14.1. If a dispute arises out of or relates to the terms of these Terms and Conditions, 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).
14.2. A party to these Terms and Conditions claiming a dispute (Dispute) has arisen under the terms of these Terms and Conditions, 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 (Notice).
14.3. 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.
14.4. 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.
14.5. It is agreed that mediation will be held in Victoria, with the venue to be agreed.
14.6. The parties agree to be equally liable for the Fees 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.
14.7. 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.
14.8. 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.

15. NON-DISPARAGEMENT

15.1. The parties agree that they will not, in connection in any way with the Program and/or the Services, either during the Program or after the termination of the participant’s involvement in the Program for any reason, make or publish any adverse, disparaging or other comments that are intended to, or have the effect of, bringing another party into disrepute.
15.2. The parties acknowledge and agree that a breach of this clause may cause damage to the other party, and an aggrieved party may have the right to commence legal proceedings seeking damages should this clause be breached.

16. MARKETING

You agree that any testimonials that may be provided by you from time to time may be used by SHEILA V for marketing purposes.

17. NO PARTNERSHIP OR AGENCY

Nothing contained or implied in these Terms and Conditions 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.

18. GOVERNING LAW & JURISDICTION

These Terms and Conditions are governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Services or these Terms and Conditions, the parties agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

19. SEVERANCE

Any provision of these Terms and Conditions that 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 and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.

20. ENTIRE AGREEMENT AND MODIFICATIONS

Both You and SHEILA V confirm and acknowledge that these Terms and Conditions, the Program Booking Page and Program Information Page of the Website constitute the entire agreement between You and SHEILA V and supersedes and overrides all previous communications, either oral or written, between the parties.