Firefly Transformation Pty Ltd (ACN 436 366 121 85) herein referred to as “we” or “us”
The CONSCIOUS WELLBEING PROGRAM® member signed herein this document (herein referred to as “you” or “your”)
This Agreement is an important legally binding document, and you should ensure that you read it carefully and contact us if you have any questions before purchasing any products or services from us.
1. Once you have accepted this Agreement, and subject to receipt of payment of any required fees, we agree to provide you with the following products, programs and services (Services in accordance with the level of service you choose). All Prices are quoted in AUD and include GST:
ACCEPTANCE OF TERMS
2. You agree to be bound by this Agreement, which you acknowledge that you have read and understood when you:
● Provide us with instructions to commence with the Services; or
● Process or make payment of any amount for the Services; or
● You give your acceptance either through signature or clickable agreement on the Site.
3. We may change all or part of this Agreement at any time. If we do, the new terms and conditions will be posted on the Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Agreement, your only remedy is to contact us and immediately discontinue your use of the Services.
4. In consideration of us providing the Services to you, you agree to pay us the fees and any other charges for the Services in accordance with these terms.
5. We offer the following two payment options all listed in AUD Dollars (AUD) for New Members ONLY, other membership options must be paid in full on subscription:
● 1 upfront payment of AUD $3,333; or
● 3 payments of AUD $1,200 (each 30 days apart) for a total of AUD $3,600.
6. If you choose the 3 payments option, then the first instalment will be due up- front with each following payment due in equal 30 day instalments thereafter and will be deducted from your nominated credit card and:
● you agree to ensure sufficient funds are available on your nominated credit card to meet any account withdrawals made by us on your scheduled due dates; and
● if payment is defaulted or not received, you authorize us to debit those funds from your nominated credit card without need for notification at a future date.
7. We reserve the right to on-sell or otherwise authorize a debt-collection or other authorized agency to collect any amount not paid by you.
8. Failure to make payment by the payment date for any of our services may lead to suspension of use of our Services.
9. All fees are inclusive of GST (as that word is defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) (unless otherwise indicated).
10. Payment of all fees must be made without set-off or counterclaim. All sums payable under this Agreement shall become due immediately on termination of this Agreement.
11. All Services are intended for general education and information purposes only. It is intended for a general audience and does not purport to be, nor should it be construed as, advice or counselling tailored to any specific issue. Nothing on the Site, or any of the content provided to you by us during our provision of the Services, purports to offer legal, tax, financial, marketing, automation, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
12. We are committed to providing you with a positive experience, 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 dedication, participation, desire, and motivation.
13. 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.
14. You acknowledge and agree that we, our 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. Just to be clear, you are solely responsible for any actions you do or do not take directly or indirectly in connection with the Services. You are 100% responsible for your progress and results from the Services.
16. We cannot and do not make any guarantees about your ability to get results or change your life with our ideas, information, tools, or strategies. The impact of your results are dependent upon your personal motivation to change. Lasting change requires your ACTION, to follow up for 21 days with the recording and consciously acknowledge changes in your life. The more motivated you are, the faster and deeper your changes can be experienced. Results may be instant or change over a period of several weeks to months. You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek immediate medical attention.
17. Any organisational representations referenced by us on the Site, in our videos, forums or during the provision of our Services are illustrative of concepts only and should not be considered as promises for actual or future performance. Materials in our programs and on our site may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect”, “project”, “intend”, “plan”, “believe”, and other words and terms of similar meaning in connection with a description of potential trauma shifts.
18. Nothing on the Site or any of our content or Services is a promise or guarantee of results or specific transformations. Any information given is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically or to your specific situation. You understand that because of the nature of the Services and extent, the results experienced by each member may significantly vary.
19. During the provision of the Services you must:
● Give your full attention to the Services during this time;
● Participate fully in all sessions as mutually agreed by us promptly;
● Be respectful to our staff and all participants (Participants) of our Services;
● Keep us informed of any medical health or personal circumstances that may interfere with the Services;
● Be responsible for your own results, which includes complying with reasonable directions, and using your program benefits (including templates and guides, videos and spreadsheets); and
● Honor the relationship between you and us, by being direct, truthful and open so we can work together.
20. You acknowledge and agree that if you breach any of our Terms or become disruptive, abusive or difficult to work with, we reserve the right to limit, suspend or terminate this Agreement without refund or explanation.
21. We respect your confidential and proprietary information, logins, database contact information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Services, you agree to respect the same rights of the other.
22. You agree:
● That any Confidential Information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;
● Not to disclose such information to any other person or use it in any manner other than in discussion with Participants;
● That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us;
● That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
23. While you are free to discuss your personal results from participation in our Services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
24. You grant us the right to disclose Confidential Information provided that such information is de-identified or where you provide us with your consent.
COPYRIGHT AND TRADEMARK NOTICES
25. All material delivered by us to you in the Services including (but not limited to) content, documents, templates, text, videos, graphics and information architecture (Our Content), is subject to copyright.
26. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Otherwise, all materials and information provided to you by us are confidential and our intellectual property and may only be used by you as authorized by us.
27. The reproduction, distribution or sale of any of the materials provided by us under this Agreement is strictly prohibited.
28. Modification of Our Content for any other purpose is also a violation of our copyright, trademarks (whether registered or unregistered) and other proprietary rights and is strictly prohibited.
29. You acknowledge that you do not acquire any ownership rights by using Our Content.
30. All materials, including but not limited to procedures, policies, standards, manuals and teaching aids have been or will be provided by us or our facilitators, are for your individual use only and are not to be distributed, sold or reproduced in any way. You acknowledge and agree that we are not responsible for any errors or omissions that may appear in any of those materials.
31. Our intellectual property may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
32. Nothing contained on the Site or provided in our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.
33. You hereby consent to the use of your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, digital print media and the Internet, among others, within the Conscious Leadership Board Portal and membership materials. Your consent is granted to us and extends to such use without restriction or limitation as to time or geographic boundary. Your consent will be directly sought for any external or public uses, including but not limited to public relations, education, advertising, marketing, training and research.
34. You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by us for any product and/or service in connection with such use and publication. You also waive any right to inspect, review or approve any photograph, recording, or other written material at any time, and you waive the right to approve the use and medium of publication determined by us.
35. You understand that we own all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.
RIGHT TO SUSPEND & TERMINATE
36. We reserve the right to suspend or terminate this Agreement, or our Services generally, without refund or forgiveness of payments if you become disruptive to us or Participants, you fail to follow the Services guidelines, you are difficult to work with, you impair the participation of the other Participants or you breach any terms of this Agreement, as determined by us in our sole discretion.
REFUNDS OR CANCELLATIONS
37. A 'No Questions Asked' FULL refund (minus $1000 consumed expenses, food & materials) will be given 30 days after completion of the NEW MEMBER 3 months onboarding IF you have fully participated in ALL sessions, yet deem the experience to have had no impact on your personal or working effectiveness. For all other services to the extent permitted by law, irrespective of whether you are absent or withdraw from the Services prior to the expiry of the Duration, refunds are not provided for Services, including where you have been given access to Our Content whether accessed by you or not. You acknowledge and agree that you waive all rights to attempt to charge-back any amounts paid under this Agreement with your nominated credit card provider.
LIABILITY IS LIMITED
38. The disclaimers, liability limitations and indemnities within this Agreement do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.
39. 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 the Services, our Site, or Our Content.
40. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorized use, performance or non- performance of or reliance upon the Services, the Site, or Our Content.
41. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
● Reliance on the completeness, accuracy, suitability or currency of information, Services irrespective of any verifying measures taken by us (including third party material and advertisements);
● 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 unauthorized access to records;
● Accessing websites or servers maintained by other organizations through links on our Site, or Services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk; and
● 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.
42. 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, Services or any breach by you or your agents of this Agreement. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, or through the use of our Services.
43. As affiliates of certain products and services we may receive from time to time compensation for recommending and promoting products/services linked to from the Site.
44. You cannot transfer or assign this Agreement without our prior written consent.
45. We may assign or transfer our obligations under this Agreement at any time, subject to giving you one (1) week prior notice in writing.
46. If a dispute arises between the parties in relation to this Agreement, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
47. In the case of claims against us, all notices are to be provided to us in writing.
48. If the dispute is not resolved by agreement within 5 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 5 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
49. Once a mediator is appointed, the parties agree that:
● The costs of the mediator shall be borne equally between the disputing parties;
● The chosen mediator shall determine the procedures for mediation; and
● The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
50. If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
51. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
52. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
53. This clause survives termination of this Agreement.
54. This Agreement shall be construed in accordance with and governed by the laws of the State of New South Wales, Australia. You consent to the non-exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.
55. We welcome enquiries or feedback on the Services. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
56. You hereby agree, acknowledge and understand the terms and conditions of the Services as outlined herein. You confirm your understanding that all program sales are non-refundable and you waive any right to charge-back your purchase with your credit card providerper