Last updated 25 October 2023
Overview
Terms & Conditions of Use by Lindy Alexander (‘Lindy Alexander’, ‘We’, ‘Us’, ‘Our’,‘I’, ‘Me’,‘My’).
Please read these Terms and Conditions (‘T&Cs’) carefully prior to purchase, use or access of any of our products, including our online courses and group coaching programs (‘Course’). These T&Cs along with Our Website Terms and Conditions, Earning disclaimer, and Our Privacy Policy (‘the Terms’), set out the information relating to your use and enjoyment of the Course.
These Terms are a legal agreement between You and Us, and by purchasing access to this Course, You agree to be bound by these Terms.
By using this Website, accessing or purchasing any products or services, you warrant that:
- you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
have read and accepted these Terms; and - will comply with these Terms.
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you.
These changes will be effective as of the date we post the revised version on this Website. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Website and services. If at any time you choose not to accept these Terms, you should not use this Website or access the Course.
By remaining on this Website and your continued use of this Website and the Course is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Website. If you’re uncertain about the Terms or anything else on our Website, please don’t hesitate to contact us before completing any purchase.
Course Access and Fees
The Course is owned and provided by Us and these T&Cs set out how you are allowed to access and use Our Course.
You may apply to access the Course by completing the application form and paying the Course fee on Our website thefreelancersyear.com (“Website”) or a third-party payment processor. You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Course access if We suspect that such information is inaccurate or incomplete.
Your Course commences when Your application has been accepted by Us and You pay the price as displayed on Our Website and in accordance with these T&Cs (“Course Fees”).
We may review and approve or deny Your Course application at Our sole discretion.
Your Course continues until terminated in accordance with these T&Cs.
You may sign up for the Course using the online application form located on Our Website.
You will need to make an account in order to access the Course. You are solely responsible for maintaining the security of this account by protecting your password and account information and maintaining the accuracy of the information provided in this account.
You will pay Us the Course Fees in full upfront or by instalment payments over the Course period:
- by electronic funds to an account nominated by Us or by any other method nominated by Us; and
- on the date that the Fees become due.
The Course Fees are non-refundable except as required by law or in Our sole discretion.
We do not provide refunds simply because Your situation has changed or You have changed Your mind.
Fees may be refundable provided certain criteria, as determined by Us and set out below, are met and in Our sole discretion as long as cancellation occurs within the first [14] days of the Course.
Criteria for Course Cancellation Approval
Contact li***@th****************.com within the first 7 days of enrolling in the course.
We will inform you within 7 days of receipt of your request whether a refund is applicable and where we have determined that a refund is due, we will organise prompt payment via our payment provider.
If we approve your request for cancellation of the Course, your Course will cease and you must immediately cease using and destroy any materials provided to you in the Course.
Payment
All prices are in Australian Dollars (AUD) and are exclusive of any Australian Goods and Services Tax (GST) (as applicable). Australian customers will be charged GST at checkout. The prices indicated on the Site may change at any time without advance notice to you. If you’ve purchased one of our programs, courses, or other products and/ or services, it will be charged at the price in force at the time a customer’s order is validated.
If prices are displayed in United States Dollar (USD), they are indicative only. They are intended as a guide only. Consult your bank for more information. If you’re buying through a payment plan I cannot be held responsible for market fluctuations.
We reserve the right at any time to modify or discontinue the program, course, product and/ or service without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the program, course, product and/or service.
Course Entitlements, Benefits and Complaint Procedures
During your Course, We will provide You with certain Course Entitlements, in our Sole discretion, that may include but are not limited to video, audio, lessons.
You Consent to receive electronic communication including by email, SMS or announcement, including but not limited to communications for the Course of or marketing purposes.
You are granted access to this Course until such time as these Terms are terminated or the Course is taken down. If the Course is taken down, We will provide you with 45 days notice.
From time to time we may also provide You with certain benefits that may include products, classes, workshops or other courses, in Our sole discretion. We cannot guarantee the duration for which these Benefits will be available for.
During your Course, you may also be invited to participate in our online group, in order to be admitted and retain access to the online group, you will be required to comply with the online group rules, including the rules provided by the platform which hosts the group. Where you breach the online group rules, your access will be removed and depending on the severity of your breach of the rules, your Course may also be cancelled. We reserve the right to cease this group with 15 days notice.
We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please submit
Your complaint through Our Contact Form.
Any complaint submitted must include the following information at a minimum:
- Your name;
- the email address You used to apply for the Course;
- details of Your concern or complaint;
- details of what You would like Us to do to resolve the matter; and
- copies of any relevant correspondence.
We will provide You with an acknowledgement of Your complaint within 3 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint.
Intellectual Property Rights
If the Services or Final Content includes Our Retained IP, You agree that:
- We retain ownership of all Intellectual Property Rights (including Moral Rights) in Course Materials.
- To the extent required for participation in the Course, You are granted a non-exclusive, non-transferable, single use, limited licence to access and use Course Materials for your own personal use and:
- It may only be used for the purposes set out in the T&Cs, as part of Your Course;
- You will not modify the Course Materials;
- You will not copy the Course Materials or in any way cause the Course Materials to be copied or shared;
- You may not assign or transfer your membership of the Course to any other person without Our express written consent; and
- You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties.
- Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.
- Your use of the Course materials is also be subject to Our Website Terms and Conditions, Earnings Disclaimer and Privacy Policy.
- Where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our websites, and other media (including social media channels) for the sole purpose of promoting Our Course.
- For the purposes of these Terms, ‘Course Materials’ means all tools developed and/or utilised by Us in provision of the Course, including, without limitation, programs, course content, classes, workshops, digital products (including ebooks), webinars and videos.
Your license to us
By posting or submitting any material on or through our Website, Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorised by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorised by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Website, Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.
Termination
We may terminate these Terms with immediate effect, by giving You written notice if:
- You do not pay the Course Fees when due;
- You fail to comply with any of the provisions of these T&Cs or otherwise breach any undertaking, warranty or obligation under these Terms;
engaging in conduct injurious or potentially harmful to Our reputation; - disclosing Confidential Information without consent.
- You fail to conform or abide by Our applicable rules, policies or procedures;
- Your actions are contrary to Our interests; or
- We consider that mutual trust and/or confidence no longer exists.
If We terminate Your Course, We may, but are not obliged to refund any prorated balance of the Course Fee already paid by You.
Confidentiality
Each party agrees that, unless it has the prior written consent of the other party, it will:
- keep confidential at all times, the Confidential Information of the other party; and
- ensure that any personnel, advisors, employees or contractors to whom
Confidential Information is disclosed, is aware of and complies with this clause.
Each party acknowledges and agrees that where personal information or sensitive information is disclosed, the recipient will comply with the applicable privacy laws and guidelines.
However, these obligations of confidentiality do not apply to any disclosure that:
- Disclosure for the purpose of performing the Terms or exercising a party’s right under the Terms.
- Disclosure that is required by Applicable Law.
- Disclosure that relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.
Group calls
We record all group calls and by enrolling in any course, program or service with group calls you consent to these recordings. The recordings will be made available to participants in the program (past, present, or future) via third party sites or forums (such as Facebook, Zoom or Google Drive). Whenever you make your Confidential Information or Other Information available for viewing by others, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorised use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by Us and any third-party forums operated by Us. Any material you post on Our website or in any third-party forums operated by Us may become public.
We respect the privacy of Our customers and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in our Programs or Course, you hereby agree to respect the privacy of other Program participants and to respect Our confidential information.
Specifically, you shall not share any information provided by other Course participants outside of the bounds of the Course unless you receive express written permission from such other participant to share the information. Similarly, the content of the Course contains Our proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Course with anyone other than Us, its owners and employees, and other Course participants.
Prohibited Use
In addition to any other prohibitions, you must not, under any circumstances use the Website, Course, or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, or state regulations, rules, laws, or local ordinances;
- attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displaced on the Website;
- hack into any aspect of the Service; corrupt data; cause annoyance to other users;
- infringe upon the rights of any other person’s proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Disclaimers, Warranties and Indemnities
You and We agree that:
- The Website, Course, and content is provided on an ‘as is’ basis;
- You use the Website and Course at your own risk;
- You are responsible for maintaining the security of your account and access to the Website and Course including by maintaining the security of your password and account log in details;
- We cannot guarantee and We do not promise any specific results from participation in the Course.
Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors. You acknowledge and agree that when you purchase any Course, program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Website or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.
We and Our directors, agents or associates shall not be responsible or liable for any loss or damage resulting from Your Course, except as expressly permitted by law and as set out in these T&Cs.
You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these T&Cs.
Without limiting this clause 6, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:
- the use of or inability to use the Course;
- Your failure to maintain the security of your account;
- statements or conduct of any third party; or
- Your reliance on the recommendations and suggestions of any third party or Course participant.
The information contained in our Course, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice. You understand that Susan Reoch is not an agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst or advisor, psychotherapist, medical professional or accountant. Under no circumstances should the content made available in our Course be relied upon as business, financial, health or legal advice.
By referencing any programs, courses, products or services in our Course, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the programs, courses, products or services. We are not responsible for or liable for any content on or actions taken by such third-party company or website. Although we may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
A relationship does not exist between the parties after the conclusion of this program.
We and/or Our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Course for any purpose.
Limitation of liability
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or Course, your inability to access our Site and/or Course, interruption or outage of our Site or the fact that content on our Site or in our Course is inaccurate, incomplete or out of date.
Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
Security
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, We cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Us, you accept that you do so at your own risk.
Use of communication services
Our Web Site and / or the programs, courses, products or services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
Guests
We may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. We do not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any event offered by Us agree to transfer all intellectual property rights they may have in any such interviews to us and further provide a license to any rights they are unable to assign.
Privacy Policy
When You apply for Your Course, We will require You to provide Us with certain personal information about You; this may depending on the nature of the Course, include information about your health and finances. Your privacy is extremely important to Us and We take your privacy seriously. We will only use the personal information provided by You to Us strictly for the purposes of providing You with Our Course services and to market to You with Your consent. Where You wish to withdraw Your consent, You can unsubscribe within the body of any email We send or inform Us via email. We will disclose and deal with Your information in accordance with Our privacy policy.
Electronic Communications and Electronic Signatures
These Terms will become binding when You agree to these Terms, including by clicking “I consent” or “I agree” or similar, or by purchasing and/ or commencing the Course.
Validity
Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
Ceasing our Website
We have the right to discontinue this Website. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Website, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Email sign up
By signing up to the Course you are consenting to receive emails from Us. This may include promotional materials.
Should you not wish to be on my email list you can unsubscribe.
That means I won’t be able to send you any reminders by email. You will also forfeit from hearing about any future updates and opportunities.
Assignment
You cannot assign these Terms or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under it without Your consent.
Entire Agreement
These Terms constitutes Our entire agreement with You about the subject matter and supersedes all previous agreements, understanding and negotiations on that subject matter.
Governing Law and Jurisdiction
The formation, construction, performance and enforcement of these Terms will be in accordance with the laws in force in the State or Territory in Australia in which We are located. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.