By registering for The Confident AF Club, you acknowledge the following conditions:

These Terms and Conditions govern the relationship between the Parties. By clicking "accept" you agree to these Terms and Conditions. These Terms and Conditions are read in conjunction with the information on the Sales Page ('the Sales Page') and Checkout Page of the website ('Checkout Page'). The Sales Page can be via the website.

1. Parties
You are the Client, and your details are set out on the Booking Page of the Website. AND - Jemma Haythorne (ABN: 23 560 805 167) t/a Inspire Wellness AU of 1/62 Saundersons Road, Risdon, Tasmania ('Inspire Wellness'). Inspire Wellness offers a confidence Membership (the 'Membership') in a group setting, over an ongoing month-to-month period, titled The Confident AF Club ('the Services'). You have engaged Inspire Wellness to provide the Services.

2. The Engagement
2.1. Inspire Wellness agrees to perform the Services for You, for the Fee, Terms and on the Date/s as set out on the Checkout Page or agreed to in writing by the parties.
2.2. Inspire Wellness agrees to commence the Services on the Commencement Date, upon acceptance of the Invoice and these Terms and Conditions, and upon payment of the required Fee as invoiced to You.
2.3. The Commencement Date is the first Wednesday of the month following purchase.
2.4. Inspire Wellness will work with you in a group setting to achieve your goals.
2.5. Both Parties agree that the Services will be provided online.

3. Fee
3.1. You agree to pay Inspire Wellness the Fee as set out on the Checkout Page.
3.2. The pricing for the Membership is monthly payments of $47 AUD per month, for minimum three month period.
3.3. The Fee payable to Inspire Wellness to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by Inspire Wellness.
3.4. You agree to make Payment of the Fee via automatic deduction, on the same date each month following your first payment.
3.5. In the event that any payment under these Terms and Conditions is not made in full on the due date, Inspire Wellness is entitled to charge You interest at the rate of 5% per annum, calculated daily.
3.6. You agree that if You default on any payments due and payable under these terms and Conditions, any costs incurred by Inspire Wellness for steps taken to enforce payment terms will be recoverable and payable by You.
3.7. 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.

4. Termination and Rescheduling
4.1 Your Membership is subject to a minimum term of 3 months. Due to the nature of the Membership and the fact that You begin to obtain access to the Membership materials from the  Commencement Date, Inspire Wellness will not provide You with a refund of the Membership Fees paid to Inspire Wellness where You change Your mind or where Your circumstances change within the 3-month minimum term, or if Inspire Wellness terminates this Agreement in accordance with the terms of this Agreement.
4.2 Termination outside the 3-month minimum term must be provided in writing to [email protected] and will be stopped immediately. Inspire Wellness requires at least 48 hours notice prior to the scheduled payment to terminate the Membership and stop the payment.
4.2. All payments are non-refundable and you are responsible for full payment of the fees for the Services regardless of whether you complete the content of the Membership.
4.3. If you are unable to attend a training session, you will not be provided with a refund. Training sessions are recorded. If you are unable to attend a training session you can access the recording of the session.
Termination
4.4. For the sake of clarity, if you wish to terminate the Membership prior to the 3-month minimum term, Inspire Wellness reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Membership will be revoked.
4.5. Inspire Wellness reserves the right to terminate your involvement in the Membership for breach of these Terms with 7 days' notice by e-mail.
4.6. If Inspire Wellness terminates the Membership, you agree to pay Inspire Wellness for the portion of the Membership completed up to the date and time of termination. Rescheduling of sessions by Inspire Wellness
4.7. Inspire Wellness reserves the right to reschedule a group session with 24 hours' notice.

5. Delivery of Membership and License Information
5.1. Each purchase of the Membership grants to you access to the Membership through the Membership Portal (the 'Membership Portal').
5.2. When you purchase a Membership through the Website, Inspire Wellness grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (the 'License').
5.3. The License is valid for the duration of The Membership ('License Term'). This means the Membership will be viewable via the download link whilst your Membership is active. After this time the Membership will expire and you will no longer be able to access the Membership.
5.4. The Membership is intended for use in a single household within the License Term only. Sharing of your License is prohibited. This includes the sharing of any supplemental Membership materials, booklets, and access to any other aspect of the Membership.

6. Warranty Period for the Services
6.1. Inspire Wellness will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Inspire Wellness makes no warranty that the Membership will meet Your requirements or that all clients will achieve the same results.
6.2. The Membership come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Membership, you are entitled to cancel your contract with Inspire Wellness and are entitled to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. 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.

7. Disclaimer
7.1. You are solely responsible for creating and implementing Your own health and wellbeing, decisions, choices, actions and results arising out of or resulting from the Membership and Your group sessions and interactions with Inspire Wellness. As such, You agree that Inspire Wellness is not and will not be liable or responsible for any actions or inaction, including effects on Your personal life, or for any direct or indirect result of any Membership provided by Inspire Wellness.
7.2. You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Membership.

8. Liability and waivers
8.1. Liability Inspire Wellness' total liability arising out of or in connection with the Membership or these terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Membership to you.
8.2. Waivers
(a) A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.

9. Disclosure and Use of Confidential Information
9.1. All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services.
9.2. Inspire Wellness must not disclose any Confidential Information to any third party without your prior consent.
9.3. These Terms and Conditions prohibit the disclosure of Confidential Information by Inspire Wellness with exception to the following circumstances:
(a) the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and Conditions has consented to the disclosure of such information to the professional adviser;
(b) the disclosure is required by applicable law or regulation; or
(c) if the confidential information is already in the public domain at no fault of Inspire Wellness.

10. Copyright and Intellectual Property Rights
10.1. Intellectual Property Rights
(a) You agree that any works, items, materials or information of whatever nature produced or developed by Inspire Wellness or under Inspire Wellness' direction pursuant to or in the Membership will remain the sole and complete property of Inspire Wellness, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(b) If You have fully complied with these Terms and Conditions and if the works, items, materials or information referred to in clause 10.1
(a) have been produced by Inspire Wellness as part of the Membership, Inspire Wellness grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
(b) There is no assignment of Intellectual Property Rights by Inspire Wellness to You pursuant to these Terms and Conditions.
(c) Nothing in these Terms and Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.

10.2. Indemnification
You hereby indemnify and agree to keep indemnified Inspire Wellness against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

11. Force Majeure
11.1. If circumstances beyond Inspire Wellness' control prevent or hinder its provision of the Membership, Inspire Wellness is free from any obligation to provide the Membership while those circumstances continue. Inspire Wellness may elect to terminate these Terms and Conditions or keep the Terms and Conditions on foot until such circumstances have ceased.
11.2. Circumstances beyond Inspire Wellness' control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
11.3. For the sake of clarity, if in Inspire Wellness' reasonable opinion, the provision of the Membership will be affected by the COVID-19 Pandemic, Inspire Wellness may suspend the provision of the Membership in part or in whole to You indefinitely. Additionally, Inspire Wellness will not be liable for any losses or damage due to the COVID-19 Pandemic. If You choose to terminate due to the COVID-19 Pandemic, cl. 4 will apply.

12. Dispute Resolution & Mediation
I hope that a dispute between us does not arise, however in the unlikely event that it does, the following clause will apply.
12.1. If a dispute arises out of or relates to these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
12.2. A party to these Terms and Conditions claiming a dispute (the Dispute) has arisen under these Terms and Conditions, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the Notice).
12.3. On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.
12.4. If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the Magistrates Court of Tasmania.
12.5. It is agreed that mediation will be held in Tasmania, with the venue to be agreed.
12.6. The parties agree to be equally liable for the Fee and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.
12.7. All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as "without prejudice" negotiations.
12.8. In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.

13. Mailing List Registration
13.1. You will be given the option to register for Inspire Wellness' Mailing List (the 'Mailing List')
13.2. 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 (b) Name and address (c) Mobile telephone number
13.3. If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Inspire Wellness.

14. Marketing
You agree that any testimonials that may be provided by you from time to time may be used by Inspire Wellness for marketing purposes.

15. No partnership or agency
Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

16. Governing Law & Jurisdiction
16.1. These terms and Conditions are governed by the laws of Tasmania.
16.2. In the event of any dispute arising out of or in relation to the Membership, You and Inspire Wellness agree that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Tasmania.

17. Severance
Any provision of these terms and Conditions that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.

18. Entire Agreement and Modifications
Both You and Inspire Wellness confirm and acknowledge that these Terms and Conditions, the Sales Page and Checkout Page of the website constitute the entire agreement between You and Inspire Wellness and shall supersede and override all previous communications, either oral or written, between the parties.