This Site gives you an opportunity to receive education and support to achieve the life you want to live by Belinda Mansweto trading as Learn Live Breath ABN 74 780 760 173 (Learn Live Breathe, we, us). You can browse this Site and engage our Services, including consultation packages, memberships, access to information and events (Services).
These Terms and Conditions (Terms) govern your use of this Site, as well as Learn Live Breathe’s Services, and form a binding contractual agreement between you, as either a user or member of this Site and us.
These Terms are important and you should ensure that you read them carefully and contact Learn Live Breathe at [email@example.com] if you have any questions before engaging our Services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
1. By accessing, downloading or using the Services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. If you are aged under 18 years, you must obtain the consent of your parent or legal guardian before applying for using our Services. Your parent or legal guardian must read these Terms and by accessing, downloading or using the Services offered on our Site, the parent or legal guardian consents to and acknowledges these Terms.
3. 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 immediately discontinue your use of the Services.
4. Learn Live Breathe provides general education and information only. Nothing on this Site, or any of the content provided to you by us during our provision of the Services, purports to offer medical or other professional advice and is not to be used to diagnose, treat, cure or prevent any medical condition (including mental health conditions) or for any therapeutic purposes. Use caution and always seek professional advice before acting on any information that we provide.
5. Learn Live Breathe provides support, guidance and tools for you to set goals, determine priorities and achieve results, 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 background, dedication, participation, desire, and motivation.
6. 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.
7. You acknowledge and agree that Learn Live Breathe, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
8. You can become part of the Learn Live Breathe community by registering as a member.
9. You must provide accurate, complete and up-to-date membership registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
10. We may, at any time, request a form of identification to verify your identity.
11. By becoming a Member to this Site, you acknowledge and agree that:
a. You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
b. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
c. You will immediately notify us if your Password is lost or becomes known to any other person;
d. 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
e. Any information you provide to us for posting or inclusion in our online community, at any time, becomes our property.
13. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must not let any other person use your Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
14. When using our Services, you may be given access to Facebook groups or other forums (Online Community) in which you may post comments, photos, messages or other material. When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Online Community any of the following:
a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
b. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
c. Information that includes personal or identifying information about another person without that person’s consent.
d. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
e. Any information or content that impersonates any person or entity.
f. Any material, non-public information about companies without authorisation to do so.
g. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
15. By posting or otherwise publishing Your Content on our Site or Online Community, you:
a. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
b. Warrant that you have the right to grant the above licences;
c. Warrant that Your Content does not breach these Terms; and
d. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
16. We reserve the right (but have no obligation) to:
a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
Members’ code of conduct
17. Our Site and Online Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
18. Whilst using this Site and/or our Online Community, we ask that you not:
a. Contact anyone who has asked not to be contacted.
b. Collect personal data about other users for commercial or unlawful purposes.
c. Infringe other user’s privacy rights.
d. Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code.
f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
19. All fees stated on the Site are in Australian Dollars ($AUD).
20. Payment for Consultation Services is required up front at the time of making the booking by EFT.
21. Applicable fees for Members may be paid monthly or annually upfront.
22. Members may make online membership payments using:
a. direct debit from a bank account or credit card, for monthly payments; or
b. credit card or electronic funds transfer, for annual payments made in advance.
23. We will keep all information pertaining to your nominated account at the Financial Institution, private and confidential. Credit card details or bank account details of all Members may be retained by the payment gateway used by Learn Live Breathe to process payments.
24. If your credit or debit card payment is declined by our payment gateway for any reason, Learn Live Breathe may invoice you for the cost of any merchant processing fee.
25. Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Site are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Act). Tax Invoice means tax invoice as defined by the Act.
26. In the event that monies remain outstanding by you to Learn Live Breathe for over 30 days, Learn Live Breathe reserves the right to:
a. Charge interest on all money outstanding in accordance with the General Interest Charge as published by the Australian Taxation Office from time to time;
b. Report the fact of the non payment of the invoice to a credit reporting agency; and
c. Assign the right to enforce any debts due to it to a third party, without further consultation to you.
27. You agree to indemnify Learn Live Breathe from and against all costs and disbursements incurred by Learn Live Breathe in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and client basis, Learn Live Breathe’s collection agency costs, and bank dishonour fees.
28. Refunds are not provided for our Services that have been rendered by us, including where you have been given access to Our Content or our Online Community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.
29. You are liable to make all payments due under the membership that you have signed up for.
30. We reserve the right to terminate your use of the Site, Online Community or our Services generally if you breach these terms, as determined by us in our sole discretion.
31. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Services, you agree to respect the same rights of the other users of Learn Live Breathe Services and representatives of Learn Live Breathe.
32. All material on this Site, in our Online Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding, is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy 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.
33. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
34. The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Learn Live Breathe. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Learn Live Breathe, in any manner that is likely to cause confusion with customers, or in any manner that disparages Learn Live Breathe.
35. Nothing contained on this Site or in our Online 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.
36. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Learn Live Breathe will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
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 Australian Consumer Laws.
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, Online Community or Our Content.
39. You agree that we will not be liable for any loss or damage which you incur as a result of use of this Site including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the Site or Online Community including hyperlink to or from third party websites.
40. 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 for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Online Community or through use of our products or services.
41. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
a. 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).
b. 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.
c. Accessing websites or servers maintained by other organisations through links on our Site, Online Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their Services and you access them at your own risk.
d. 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.
e. Defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
42. This Site may include links to other websites maintained by third parties which are not under the control of Learn Live Breathe (Linked Sites). Learn Live Breathe makes available Linked Sites to you solely as a convenience, and the inclusion on the Site of links to Linked Sites does not imply endorsement by Learn Live Breathe of the Linked Sites.
43. Linked Sites are not under the control of Learn Live Breathe and Learn Live Breathe is not responsible for the material contained on any Linked Site or the consequences of accessing such sites. You access Linked Sites at your own risk and by accessing them you leave the Site.
44. You cannot transfer or assign your Learn Live Breathe membership without Learn Live Breathe’s prior written consent.
45. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
46. Should a dispute arise between us, we strongly encourages you to contact Learn Live Breathe at [firstname.lastname@example.org] to seek a resolution. Any reasonable requests will be considered and Learn Live Breathe will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
47. These Terms shall be construed in accordance with and governed by the laws of New South Wales. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.
48. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
49. If you have questions or comments regarding this Site, or Learn Live Breathe products or services, please email us at [email@example.com].