Terms of Use

These Terms of Service (“Terms”) apply to all members, or all potential members of The Glorious Hoof [ABN 92507834 053] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our Website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.

ONLINE MEMBERSHIPS WE WILL PROVIDE:

Based on the type of Membership you purchase; you are entitled to the following Services:

The Glorious Hoof Academy

This includes access to our online course full of templates, training & resources, live group training & mentoring sessions, access to additional ad hoc live trainings, and access to a private Facebook group.

Coaching Services

This is determined on application.

All Membership services are for a Minimum Term. If you do not wish your account to continue after the Minimum Term, please email us with 7 days prior notice at [email protected]

BEFORE PURCHASE:

Things you must do before purchasing a Membership Service

You must:

be 18 years old or have parental consent;

provide complete and accurate information to us, and promptly inform us of any updates to your information (you must respond to us within 3 days);

ensure you have adequate technology set up and internet access to make use of the Membership Services. We use a Facebook Group, video conferencing and an online course portal on our website; and

be committed to working on yourself and your business.

Acknowledgements you make when purchasing our Membership Services

You acknowledge and agree that:

the Materials we provide in the Membership Services are general in nature and have not been personalised for you and your specific circumstances;

some Materials we provide in the Membership Services may already be known to you;

some sessions may be personally and emotionally challenging, there may be strong language used throughout; and some discussions may be confronting;

coaching is not psychological counselling or therapy;

you are solely responsible for ensuring that your business complies with all relevant regulations and laws, including, but not limited to all licensing, and advertising laws;

you are solely responsible for your own outcomes of your Membership including but not limited to all financial success.

You further acknowledge and agree there may be:

occasional errors or omissions in the Membership Services descriptions, prices, availability and promotions;

some Membership Services with limited places or that are limited to certain regions or groups of people; and

technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Membership Services.

You acknowledge that we may make recommendations of suppliers for various products or services during your Membership. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.

Payments

The Membership Fee is automatically deducted from your nominated payment method at the time of purchase, or in accordance with the Payment Plan, unless you or we cancel your Membership in accordance with the cancellation or termination terms below.

You authorise us to:

deduct the Membership Fee and all other accrued and owing fees from your debit or credit card; and

deduct any applicable currency conversion fees or financial service provider fees where relevant.

You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you. Where any payments are not received we will attempt to debit your account a few days later, and in the event that no debit can be made with the period of 10 days, we may suspend or terminate your Membership at our discretion. All outstanding payments will become immediately due and payable.

Cooling Off

We grant you a cooling off period to cancel your Membership with a full refund, for any reason, provided notice is given to us within 7 days (of your first payment) via email at [email protected] clearly stating your intention to cancel.

Money Back Guarantee

We offer a 100% money back guarantee in relation to The Glorious Hoof Academy in some circumstances. To be eligible you need to be a client who purchased the course within the previous 30 days and who is able to demonstrate to our satisfaction that you have followed the program, completed the work, but have not achieved any results. You must enable us to review your results and provide us with all information we request. If we are satisfied that we are unable to help you further (which is determined in our sole discretion), then we will refund to you the Membership Fee.

No further guarantees

We do not guarantee your financial or business success. Any business can suffer significant losses or make no money at all, and this may occur during the Minimum Term or Term. Monetary and income results are based on many factors that are outside our control. We cannot take into account your background, your work ethic, your business skills, and economic and other factors in the markets in which you operate, when providing the Materials. Therefore, we do not guarantee or imply any financial results or any business success at all.

AFTER PURCHASE:

Things you must do after purchasing our Membership Services

You must:

maintain the confidentiality of your login and password for your account

not allow other people to use the Materials or your account;

not reproduce, duplicate, copy, sell, re-sell or exploit the Materials in any way;

seek our prior written consent before any publication of information about us; and

in the case of a dispute keep all communications confidential.

Posting rules

You must not post any of the following (which is determined in our discretion) in any of our public forums:

any inappropriate or offensive, threatening or abusive content;

any immoral content, including but not limited to, anything pornographic or obscene;

any illegal content, including any content which is defamatory;

anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or

any content that impersonates any other person or misleads us or third parties as to the origin of your posts.

You are responsible for all your posts and their accuracy, completeness, and timeliness. We are not responsible for any of your posts or any third-party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts

Confidentiality

We agree to at all times keep your Confidential Information confidential, and comply with our Privacy Policy, a copy of which you can find here.

Acknowledgement you make in relation to live events

We conduct various events as part of your Membership, including live group training & mentoring sessions. We reserve the right to exclude you from any event if you become disruptive or disrespectful to other participants during any of our live events. If you disclose Confidential Information in a group setting, we cannot guarantee it will be kept confidential.

You acknowledge and agree that we may make recordings of events that you participate in, including in person and online events. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes.

Your participation in the events is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. This could include in new course materials or marketing materials. You waive all rights to approve of the finished recordings.

Your commitment

To get the most benefit out of the Membership Services, you should:

be on time to all sessions; any late attendance will not entitle you to an extended session;

follow the program and keep pace with your meetings;

use the group sessions and private Facebook support group for extra support;

take on board all feedback; and

take all necessary actions to implement our suggestions and advice.

You acknowledge and agree that you are solely responsible for your own success and outcomes during your Membership.

Things we’d love you to do after purchasing your Membership

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at [email protected].

If you need to cancel or reschedule a 1:1 session

You may re-schedule a coaching session with 3 days prior written notice. Only one re-scheduling is permitted per month to a mutually convenient time. We do not provide refunds for non-attendance and any sessions not taken will be forfeited.

If you need to cancel your Membership

If you need to cancel your Membership, please email us at [email protected] with 7 days prior notice so you will not be billed automatically for the following payment if utilising a Payment Plan. All our Membership Services are for the Minimum Term. We do not provide any refunds for Membership Fees for The Glorious Hoof Academy and Coaching until the Minimum Term has expired. The initial minimum term commences at sign up, when you will have access to the Onboarding materials.

OTHER MATTERS YOU SHOULD BE AWARE OF

Except as required by law, we may at any time, and without prior notice to you:

change and update information including availability and promotions;

change prices or descriptions of our Membership Services; and

discontinue any Membership Services.

We comply with the Australian Consumer Law

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Membership Services are delivered with due care and skill and in a reasonable time. Except as required by law we do not warrant the quality of the Membership Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Membership Services or where you fail to comply with our instructions.

If we need to cancel the Membership Services, we will provide a refund

Except as required by law, all payments are non-transferable and non-refundable. We do not provide refunds for part used Membership services. On occasion we may cancel the Membership Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance, we will provide you with a refund. We will notify you as soon as possible of any changes to the Membership Services. We do not provide refunds except as required under the Australian Consumer Law.

We can refuse to serve you and provide Membership Services at any time

We may refuse to provide our Membership Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and services, any account and disable your ability to purchase a Membership or your current use of Materials. We may also terminate where there is a conflict of interest, or we are unable to agree on required actions, or where we consider you need more qualified assistance. We can also change, suspend, or stop providing Membership Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Membership Services.

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your personal use only. This licence to use our Materials in relation to the Membership Services is for the duration of your Membership only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at [email protected] to seek consent.

RELIANCE ON ADVICE DISCLAIMER

We may provide information in our Materials and that may be classed as business, financial and/or legal advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. We are not lawyers or financial advisors. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations, or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete.

For that reason, we cannot guarantee that the information is accurate, complete, or current. We strongly recommend that you seek independent financial advice before relying on any financial information and/or independent legal advice before relying on any legal information. We also recommend that your advisors determine what state and/or federal laws or regulations may apply to your particular business.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and services or any Membership Services, including, but not limited to, any errors or omissions, price changes or discontinued Membership Services, your reliance on any of our information, any information we provide that may be already known by you, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and services.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

the replacement of the Membership Services or the supply of an equivalent services; or

the payment of acquiring equivalent services.

In any case, our liability to you will not exceed the amount of $100.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.

Agreement means these terms, and the general Website terms and conditions and all other terms and conditions and policies published or linked to on our Website.

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Confidential Information means any sensitive personal information any personal information as defined under the Privacy Act 1988, and any sensitive business information including business staff and system knowledge that you indicate to us is confidential during any 1:1 in person coaching session.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, psychological injury or distress death, property damage and legal costs.

Materials means any of our materials, and includes any videos, worksheets, spreadsheets and documents, and anything provided to you during your membership.

Membership Fee means the membership fee as advertised on our website or as notified to you from time to time.

Payment Plan means a payment plan over the duration of the Minimum Term and is further described on the purchase page of our website at the time of purchase or signup.

Membership Services means the Glorious Hoof Academy and Coaching Services memberships and includes all Materials.

Minimum Term means the minimum term of your membership before you can cancel which is 30 days for The Glorious Hoof Academy, and 3 months for Coaching.

Term means the term of 13 weeks for The Glorious Hoof Academy and 3 months for Coaching.

We, us, or our means Lisa Agius-Gilibert and trading as The Glorious Hoof [ABN 92507834053]

Website and services means https://www.theglorioushoof.com.au and https://academy.theglorioushoof.com.au/ and www.theglorioushoof.thinkific.com and everything available on these websites including, but not limited to, all Membership Services.

Dated: January 2022