Website Terms and Conditions of Use
ABOUT THE WEBSITE
Welcome to www.laurahiggins.com (Website). The Website provides you with an opportunity to browse and purchase membership for The Next Level Club (Membership) and an online course called My Marketing Playbook (Course) that have been listed for sale through the Website (Services). You are also given the opportunity to book a free Scale Session (Scale Session) and access and download free digital products (Eproduct). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
The Website is operated by Lala Social Club Pty Ltd (acn: 109 326 467) of 'Ground' Se 1, 61 Stewart Avenue, Hamilton South NSW 2303 Australia t/a Laura Higgins (Laura Higgins). Access to and use of the Website, or any of its associated Services, are provided by Laura Higgins. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Laura Higgins reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Laura Higgins updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
ACCEPTANCE OF THE TERMS
You accept the Terms by remaining on the Website.
BOOKINGS OF SCALE SESSION
Laura Higgins requires all bookings for the Services to be made via Calendly (Booking System).
Laura Higgins understands that circumstances change. Should you wish to cancel or reschedule you free appointment, please kindly write to email@example.com prior to 48 hours before your scheduled appointment to allow your time slot to be given to another individual.
PURCHASE OF SERVICES
In using the Purchase Services to purchase a Service through the Website, you will agree to the payment of the purchase price listed on the Website for the Service (Purchase Price).
If you purchase a Service, you are bound by the terms and conditions at the point of purchase.
Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers)
Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) 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.
Following payment of the Purchase Price 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.
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.
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.
You agree and acknowledge that Laura Higgins can vary the Purchase Price at any time for future purchases of Services.
DELIVERY OF SERVICES AND LICENSE INFORMATION
If you are purchasing a Service that include access to an online educational platform the following clauses will apply.
Each purchase of the Services grants to you access to the program through Kajabi (for purchase of the Course) and The Next Level Membership Portal (for purchase of The Next Level Club Membership) (Membership Portal).
When you purchase a Services, 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 (Licence).
The Licence is valid for the term outlined in the relevant Services terms and conditions (Licence Term). This means the Services will be viewable via the download link for the Licence Term only. After this time the Services will expire and you will no longer be able to access the Services.
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 Services materials, booklets, and access to any other aspect of the Services.
COURSE TERMINATION AND REFUNDS
The Course is non-refundable. This means that if You wish to terminate the program early, all remaining amounts of the Purchase Price are non-refundable.
If You are paying through a payment plan, You are required to make all outstanding payments of the Purchase Price within 7 days of termination.
Laura Higgins reserves the right to terminate Your involvement in the Services for breach of this Agreement with 7 days’ notice by email.
If Laura Higgins terminates the Services, You agree to pay Laura Higgins for the portion of the Services completed up to the date and time of termination.
Laura Higgins will only provide You with a refund of the Purchase Price in the event that Laura Higgins is unable to continue to provide the Services (Refund).
REGISTRATION FOR MEMBERSHIP
In order to register for a Membership of The Next Level Club, 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.
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.
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).
Laura Higgins will only accept completed applications, and reserves the right to reject an application for any reason.
If your application is accepted, you will receive a confirmation e-mail on receipt of your completed application and payment.
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.
MEMBER CONDUCT AND OBLIGATIONS
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
c) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
d) infringe the intellectual property or privacy rights of any Member or any third-party.
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.
Laura Higgins retains the right to revoke your Membership or deny you access to the Services at any time.
As a Member, you agree to comply with the following:
(c) 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;
(d) 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;
(e) 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;
(f) 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;
(g) 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;
(h) 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;
(i) 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
(j) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
30 DAY ‘LOVE IT OR LEAVE IT’ PERIOD – THE NEXT LEVEL CLUB MEMBERSHIP
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.
In order to cancel Your Membership You must contact the Laura Higgins support team at firstname.lastname@example.org 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.
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.
PAUSING, CANCELLATION AND TERMINATION OF YOUR MEMBERSHIP
Cancellation and Termination
You may cancel your Membership by providing written notice to Laura Higgins by e-mail to email@example.com.
With the exception of the 30 day ‘Love It or Leave It’ Period set out at clause 9 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.
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.
If You are unable to attend a group coaching session, you will not be provided with a refund.
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.
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.
If Laura Higgins terminates the Services, You agree to pay Laura Higgins for all Services provided up until the date of Termination.
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.
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 firstname.lastname@example.org 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.
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.
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.
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.
You understand that in order to enhance the relationship and sessions with Laura Higgins, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.
Any information, advice, content or documentation provided through the Services, including in the associated Membership Portal, Eproduct, 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.
All care is taken in the preparation of the information and published materials Membership Portal, Eproduct, 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.
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, Eproduct, podcast, on the Website and through social media accounts
COPYRIGHT AND INTELLECTUAL PROPERTY
You acknowledge that the Website, the Purchase Services, Laura Higgins’ 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 site, social media accounts, blog, within the podcast or on any other related platform (Content).
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.
You may not, without the prior written permission of Laura Higgins and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
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.
You acknowledge that Laura Higgins does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b) Laura Higgins will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the Services of Laura Higgins is at your own risk. Everything on the Website, the Purchase Services, and the Services of Laura Higgins, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Laura Higgins make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of Laura Higgins) referred to on the Website.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related Services (including third party material and advertisements on the Website);
c) costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
d) the Content or operation in respect to links which are provided for your convenience;
e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
USER GENERATED CONTENT
If you choose to contribute any content to the Website or any other platform operated by Laura Higgins, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
By contributing content to the Website, you grant Laura Higgins a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Laura Higgins.
Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Laura Higgins can use that information with your User Content for advertising and promotional purposes, or any other business purpose
You confirm you own or have the right to use any copyright material included in Your Content (including replies to Laura Higgins social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Laura Higgins. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
Please ensure you keep your own copies of Your Content as Laura Higgins may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
Laura Higgins will endeavour to provide you with an appropriate credit when using Your Content on Laura Higgins platforms, though you understand and agree this may not always be possible.
Laura Higgins reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
MAILING LIST AND SMS LIST REGISTRATION
You will be given the option to register for the Laura Higgins Mailing List (Mailing List) and SMS List (SMS List)
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
c) Phone Number
If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Laura Higgins.
LIMITATION OF LIABILITY
Laura Higgins ' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Laura Higgins is the resupply of information or Purchase Services to you.
You expressly understand and agree that Laura Higgins, its affiliates, employees, agents, contributors, third party content providers and licensors shall 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 shall 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.
Laura Higgins is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Laura Higgins, by third parties or by any of the Purchase Services offered by Laura Higgins.
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 any Content you post through the Website;
b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
c) any breach of the Terms.
VENUE AND JURISDICTION
The Purchase Services offered by Laura Higgins is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
INDEPENDENT LEGAL ADVICE
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.