Terms and conditions

You show up. You do the work. Your business grows. Your life transforms.

Leigh Jane Woodgate can not, and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. What you put in is what you get out. There are no refunds. You are your money back guarantee. 

PARTIES

By enrolling in an online program with Leigh Jane Woodgate ABN 61 997 334 199 (Leigh, Mentor, we, us or our) you, referred to as you, your or Client throughout these terms and conditions (Terms) agree to the following agreement for the conduct and participation in the program (Program). 

These Terms apply to all of the Programs offered by the Mentor, noting the price of the Client’s Program and the Program inclusions were noted on the Program enrolment page. The Client should refer to that page to check these items against these Terms before proceeding with payment and finalising enrolment in the Program. In this regard the scope of the services provided as part of the Program shall be solely limited to those contained on and provided to you on the Mentor’s website as part of the Program.

PART ONE – THE PROGRAM

1. Welcome
1. The Mentor created the Program and owns and operates the teaching of the program (Program). The Program is provided through several different methods, including our website https://www.leighjanewoodgate.com/ dialogue with you, email and other forms of communication. All of the platforms we use (such as Simplero) and the ways the Mentor communicates with you are referred to as the Platform in these Terms and Platforms include any website or third party forum such as Facebook or Zoom that are used.  

2. These Terms come into effect when the Client registers for the Program.  In enrolling in the program the Client agrees to these Terms.

2. Our contract with you

2.1 Once you have enrolled in the Program and made payment or part payment of the Price of the Program, the Mentor will send the Client an email confirming enrolment and confirmation the Client is accepted in the program. It is at this point a contract comes into force between the parties. 

2.2 To undertake the Program, the Mentor grants the Client a licence for personal and for non-commercial use for non-exclusive and non-transferable participation in the Program. That licence is revocable, subject to these Terms.

2.3 As part of that licence and the participation in the Program, the Client agrees not to copy, reproduce, distribute or use the content included in the Program (Content). Further, the Client agrees not to sell, transfer, lease, modify, distribute or publicly perform the Content. 

2.4 If the Client breaches this agreement by sharing the Mentor’s information or misuses the Mentor’s information or material, the Mentor reserves the right to end the Client’s participation in the Program early or at the Mentor’s discretion. 

3. Pricing of the Program

The Price of the Program is listed on our Platform at the time of purchase. While we try and ensure that all details, descriptions and prices that appear on our Platform are accurate, errors may occur. Where the Mentor becomes aware of any such error, the Mentor will endeavour to correct it as soon as we are reasonably able.

4. Payment

1. Payment must be made by the Client using the method chosen from the Platform at the time of enrolment (Payment). 

2. Payment may be subject to additional fees, terms and conditions imposed by our third party payment processor if any). Where a third party payment processor is used for Payment, the Client is encouraged to review the relevant fees and terms of that processer before choosing the payment method. 

3. The Client will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.

5. The Program

The Program inclusions are set out on the Platform at the time of purchase or enrolment in this Program.  The Mentor reserves the right to make changes to the Program at any time if the Mentor feels that any such changes will be beneficial to the Client. If the Mentor proposes to make a change, the Mentor agrees to provide reasonable notice where possible if the Client is mid-way through a Program, noting no such requirement is applicable where a Client has finished or graduated from a Program.

6. Your Obligations

When a Client registers for or enrolls in the Program, the Client is making an agreement with us that the Client will:

1. (a)have access to an adequate internet connection;
2. (b)be able to participate in the Program without any interruptions; 
3. (c)undertake the Program content as directed by the Mentor; 
4. (d)not record any sessions of the Program without the permission of the Mentor; and
5. (e)use best endeavours to fully engage with the Program, including actioning any strategies or plans that are suggested by the Mentor.

7. Coaching Sessions (1 on 1 or group sessions)

Any one on one coaching sessions and group coaching sessions with a coach (Coach) included in the Program (Coaching) is provided to the Client on the following basis:

1. (a)the Program may require the Client to revisit emotions. This experience is unique to each individual and may affect each individual differently. If the Client is concerned this may cause mental or emotional distress, the Mentor encourages you to consult with an appropriately qualified health professional, noting that Coaching is not intended to be a substitute for psychological care or counselling.  
2. (b)The Client and the Mentor are required to uphold confidentiality with regards to any information shared during a session (including group sessions);
3. (c)group Coaching sessions are run at a set time and date and cannot be changed; and
4. (d)where one on one coaching is applicable, the Client agrees to provide reasonable notice to cancel or postpone a booked Coaching session with the Mentor. In cancelling a session and not re-scheduling for a time within the Program time frame the Client acknowledges that the coaching session may be forfeited at the discretion of the Mentor. 

8. Recording and replay of calls and video conference

When the Client attends any Coaching session provided by the Mentor in the Program, the Client acknowledges and agrees that:

1. the Coaching session may be recorded (Recording);
2. the Recording may be re-distributed and or replayed to group members that did not make the call;
3. the Recording, depending on its contents, may be redistributed and sold as part of a later package by the Mentor. Any decision to repackage and re-distribute will be made by the Mentor in her absolute discretion; and
4. the Mentor may use any written statements, audio, images, audio recordings or video recordings of the Client obtained while enrolled in the Program at the discretion of the Mentor, including any content that the Client chooses to publish to social media accounts and online forums or any testimonials or comments the Client makes about participation in the Program.

9. Refund Policy

In signing up to this Program, the Client acknowledges and agrees that the Mentor does not give refunds for a change of mind. Any refund will be at the absolute discretion of the Mentor or in accordance with the Australian Consumer Law. 

Part 2 – Platform, IP, Limitation of Liability & Other General Clauses 

10. Platform

By accessing and/or using the Platform, the Client warrants that the Client:

1. has reviewed these Terms and Privacy Policy and acknowledges that these two documents together form the Mentor and Client agreement;
2. acknowledges and agree that any use of a third party platform means the Client will be subject to the terms and conditions of that platform as well as these Terms;
3. has the legal capacity to enter into this agreement, or if the Client is under 18 years of age, the Client has consent of a parent or legal guardian; and
4. agrees to use the Platform in accordance with these Terms.

11. Limitation on claims

11.1 The Mentor has no liability to the extent that a failure of the Content or the Client’s use or implementation of the Content or the associated Coaching is caused by any act or omission on the part of the Mentor.

11.2 The Mentor does not guarantee that the Client will experience any change or transformation in life and/or business as a result of participating in the Program.

11.3 The Mentor’s liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to repair, replacement or re-supply of the goods or services. 

11.4 Subject to Clauses 10.1, 10.2, 10.3 and 10.4, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, the total liability of the Mentor for loss or damage of every kind, whether arising pursuant to these Terms or in any other way out of or in relation to the supply of the services, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by the Client to the Mentor for the services. 

12. Warranty disclaimer

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

13. Intellectual Property rights

13.1 Unless otherwise indicated, the Mentor owns or licences all intellectual property rights, title and interest in the Platform, Content and Program. The use and access of the Platform and any Content by the Client does not grant or transfer to the Client any rights, title or interest in relation to the Platform, Program or Content and the Client agrees not to, without the prior written consent of the Mentor: 

1. copy or use, in whole or in part, any Content; 
2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
3. breach any intellectual property rights connected with the Platform, including (without limitation) by:
1. altering or modifying any of the Content;
2. causing any of the Content to be framed or embedded in another website or platform; or 
3. creating derivative works from the Content.

14. User Content

14.1 The Client may be permitted to post, upload, publish or submit relevant information and content, including reviews, on the Platform (User Content). By making User Content available to the Mentor, you grant the Mentor a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, transmit, stream, broadcast, access, or otherwise exploit such User Content on, though, or by means of the Platform.

14.2 The Client agrees that the Client is solely responsible for all User Content made available and represents and warrants that: 

1. the Client is either the sole and exclusive owner of all User Content or that the Client has all rights, licences, consents and releases that are necessary to grant to the Mentor the rights in such User Content as contemplated by these Terms; and
2. neither the User Content nor the posting, uploading, publication or submission of the User Content or the Mentor’s use of the User Content on, through or by means of the Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

14.3 The Mentor does not endorse and is not responsible for any User Content. The Mentor may, at any time and at her sole discretion, remove any User Content.

15. Exclusion of competitors

In registering for the Program and entering into these Terms, the Client agrees that it will not use the Platform or copy the Program in which the Client is participating in any way that competes with the business of the Mentor. If the Client breaches this term, the Mentor will hold the Client responsible for any loss, damage or expense, howsoever arising, and hold the Client accountable for any profits that the Client may make from non-permitted use.

16. Discontinuance

The Mentor may, at any time and without notice to the Client, discontinue the Platform in whole or in part.  The Mentor may also exclude any person from using the Platform, at any time at her sole discretion. The Mentor is not responsible for any liability the Client may suffer arising from or in connection with any such discontinuance or exclusion.

17. Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by the Mentor. Without limiting the foregoing, if the Client breaches these conditions and the Mentor takes no action, the Mentor will still be entitled to use her rights and remedies in any other situation where the Client breaches these conditions.

18. No guarantees

18.1 While every effort has been made to accurately represent the Program as set out on the Platform at the time of Purchase, the Mentor does not guarantee that the Client will achieve the results desired by the Client. The level of success achieved by the Client, including business growth or profit growth and work life balance depends on the Client’s diligence and may be impacted by external factors that the Mentor has no control over. 

18.2 The Client enters into the Program on this basis and agree to hold the Mentor harmless for failing to achieve any result desired or success in the Program.

19. Disclaimer

The Client acknowledges and agrees to proceed with the Program on the following basis:

1. The Mentor is not a medical doctor, therapist, psychologist, lawyer or financial advisor and the services of the Mentor do not replace any of these professionals or other professional – the Mentor relies on her experience in the coaching industry to undertake the work;
2. each individual’s result from the Program will depend on the amount of work and effort that the individual puts into the Program and as such, the Mentor cannot make guarantees as to the likely outcomes or otherwise of participating in the Program or any other program, course, package or Coaching offered by the Mentor;
3. the Mentor may provide the Client with information or third party recommendations for services such as business related services related to the Program content. The Client agrees that this is information only and that it is not to be taken as an endorsement or recommendation for those services or, if the Client engages any recommended services, that the Client will be happy with those Services;
4. the Client must make its own enquiries about the Mentor and the Program and proceeds with the Program without reliance on any testimonial or third party inducement.

20. Entire agreement

These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between the Client and the Mentor. 

21. Variation

The Mentor may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to participate in the Program after such modification, the Client agrees to the amended terms. If the Client does not agree to the modifications, the Client must notify the Mentor immediately.

22. Severance

The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

23. Governing law

The law of New South Wales governs these terms. The Client agrees to submit to and be bound by the exclusive jurisdiction of the courts and tribunals in New South Wales.