By Purchasing I agree to the terms and conditions outlined below:


These Terms of use (these “terms”) represent an agreement between you (“Client”) and Tracey Spencer in her capacity as owner of Live Your Lightwork Pty Ltd, ABN 75 648 562 707 (“Coach”) for group coaching services and online program offerings. This Agreement has been reached after an offer and acceptance was made to Client and in exchange for adequate consideration.

Live Your Lightwork Pty Ltd is a company that provides individuals with life coaching services to assist them to live with more purpose through growing their self-awareness and removing the mindset blocks keeping them from their highest potential. Tracey Spencer offers an online program to support Clients in reaching their full potential called Too Lit to Quit Club (the “Program” or “Group Program”).

The purpose of the Program is to provide the Client with coaching, guidance and strategies to support them in reaching their full potential and make steps towards their dreams in the Group Program. This will be done through audio and video training recordings to provide tools and support to work on the Client’s mindset, to enhance their self-belief, and help them overcome fears and limiting beliefs that are stopping them from taking action; and interactions between the Coach and Client throughout the Term of this Agreement.


The following is a key summary of the things you need to know before we start working together.

Start Date
This Agreement starts on the date you accept it and applies from that date.

Program & Payment

Too Lit to Quit Club is a membership experience that includes the following:

Monthly 60-minute group calls and Q&A calls.

Additional Audio and Video Trainings
Community Space hosted in Skool
Private Podcast
The Program does not include:

1:1 Business Mentoring with Trace
Procuring business or potential clients for you;
Business management services for you (including brand advising, accounting, operations, research or development);
Therapy sessions of any kind;
Publicity, public relations and or social media marketing services; and
Legal or financial advice.

Payment Terms
Client has two options to purchase the Program:
A) A 12 Month Commitment


NOTE: A partial payment of one instalment of the payment plan shall be treated as a commitment to pay the entire fee for the Program. By submitting a partial payment, Client understands that he/she/they are contractually bound to make all payments in the timeline outlined in Section 6(B/D).

Client hereby agrees to pay in accordance with one of the following plans:

A. 12 MONTH COMMITMENT:
One (1) payment of one thousand, five hundred Australian Dollars ($1200AUD), which is due immediately upon signing and execution of this Agreement. No Coaching Services shall commence under any circumstances until full payment is rendered by Client; or
Twelve (12) payments of one hundred and twenty five Australian Dollars ($135 AUD) which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment is due immediately upon signing and executing this Agreement;
The remaining six payments are due in thirty (30) day increments from the Start Date of this Agreement.


Late Fees – Coach understands that, from time to time, there are issues with payment. All payments must be received by Coach within five (5) days of the due date for that instalment. Any payments not received within five (5) days of their due date shall be subject to a late fee of twenty-five Australian Dollars ($25.00 AUD). Any payments not received within fifteen (15) days of their due date will result in Client’s breach of this Agreement and may result in termination of Coaching Services.


Please note that we do not issue refunds for change of mind.

If you are located in Australia or are an Australian business, then in addition to paying the Charges and any other amount payable or in connection with this agreement (which is exclusive of GST), you will:

pay to us an amount equal to any GST (Goods and Services Tax) payable from any supply of Program by us in respect of which the Charges or any other amount is payable under this agreement; and
make such payment either on the date when the Charges are due or within three (3) days after you are issued with a tax invoice, whichever is the later.
To make it easier for you, the GST amount is inclusive in the price we quote you – if you need an invoice specifying the breakdown for your tax, please let us know.


PART ONE – THE PROGRAM


Welcome
We own and operate the program (Program) and provide it through several different methods by Tracey Spencer, including our website https://traceyspencer.com.au/ dialogue with you, email and other forms of communication. All of the platforms we use and the ways we communicate with you are referred to as the Platform in these Terms and include any website or third party forum such as Kajabi or Zoom that we use.
These Terms come into effect when you register for the Program. In enrolling in the program you agree to these Terms applying to you.
Our contract with you
When you enroll in the Program, we will send you an email confirming receipt of your enrollment and confirmation you are accepted in the program. It is at this point a contract is in place between us.
To undertake the Program, we grant you a licence for personal and for non-commercial use for the limited, revocable, non-exclusive and non-transferable participation in the Program.
As part of that licence and the participation in the Program, you agree not to copy, reproduce, distribute or use the content included in our Program (Content). Further, you agree not to sell, transfer, lease, modify, distribute or publicly perform the Content.
If you breach this agreement by sharing our information or misusing it, we reserve the right to end your participation in the Program before it ends at our discretion.
We may also terminate your participation in the Program in accordance with Clause 9.


The Program
The Program inclusions are set out in the Schedule to these Terms. We reserve the right to make changes to the Program at any time if we feel that they will be beneficial to the students in the Program at any given time. If we do propose to make a change, we will provide reasonable notice where we are able if you are mid-way through a Program, noting no such requirement is applicable where you have finished or graduated from a Program.

The Program expressly excludes all services set out under the Exclusions in the Schedule.


Your Obligations
When you register for the Program, you are making an agreement with us that you will:

have access to an adequate internet connection;
be able to participate in the Program without any interruptions;
undertake the Program content as directed by us;
not record any sessions of the Program without our permission;
use best endeavours to complete all Program material (including assignments and worksheets); and
attend all Coaching sessions on time and on the scheduled date and participate thoughtfully and meaningfully.


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 you on the following basis:

Coaching is not intended to be a substitute for psychological care or counselling or business or other advice and if this is required, we encourage you to seek an appropriately qualified professional for advice;
you and your Coach are required to uphold confidentiality with regards to any information shared during a session (including group sessions);
group Coaching sessions are run at a set time and date and cannot be changed. If you are unable to attend a group Coaching session, no refunds will be provided;
where one on one coaching is applicable, you agree to provide at least 24 hours’ notice to cancel or postpone a booked Coaching session and that in cancelling a session and not rescheduling for a time within the Program time frame you may forfeit your right to the Coaching session; and
where we need to cancel a Coaching session with you for reasons beyond our control, we will notify you as soon as possible and you release us from all liability in this regard.


Recording and replay of calls and video conference
When you attend any Coaching session provided by a Coach in the Program, you acknowledge and agree that:

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


Refund Policy
In signing up to this Program, please note that we do not give refunds if you change your mind. Any refund will be at our absolute discretion.


Termination
We may terminate your participation in the Program at any time if any of the following occur:

you have failed to follow the Program guidelines;
you are abusive or have been harassing us or other members of the Program;
you have refused to pay or have failed to pay in accordance with the agreed payment terms;
you are difficult to work with; or
if we feel that it is in the best interest for our business purposes and at our sole discretion (Default).


If your participation in the Program is terminated due to Default, no refunds will be provided and you remain liable for the full price of the Program.


On termination of your participation in the Program, you will lose all access to the Program and your Program membership will be terminated.


PART 2 – PLATFORM, IP, LIMITATION OF LIABILITY & OTHER GENERAL CLAUSES


Platform
When we refer to our Platform it also includes references to third party platforms, we use to deliver the program to you and which we currently use as at the date of these Terms or may use in the future. By accessing and/or using our Platform, you warrant to us that you:

have reviewed these Terms and our Privacy Policy and note that these two documents together form our agreement with you;
acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these Terms;
have the legal capacity to enter into this agreement, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and
agree to use the Platform in accordance with these Terms.


Limitation on claims
We have no liability to the extent that a failure of the Content or your use or implementation of the Content or the associated Coaching is caused by any act or omission on your part.
We do not guarantee that you will experience any change or transformation in your life and/or business as a result of participating in the Program.
Our 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.
Subject to Clauses 12.1, 12.2, 12.3 and 12.4, 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, our total liability 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 you to us for the services.
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.


Intellectual Property rights
Unless otherwise indicated, we own or licence all intellectual property rights, title and interest in our Platform, Content and Program. Your use and access of our Platform and any Content does not grant or transfer to you any rights, title or interest in relation to our Platform, Program or Content and you agree not to, without our prior written consent:
copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Platform, including (without limitation) by:
altering or modifying any of the Content;
causing any of the Content to be framed or embedded in another website or platform; or
creating derivative works from the Content.
User Content
You may be permitted to post, upload, publish or submit relevant information and content, including reviews, on our Platform (User Content). By making User Content available to us, you grant to us 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 our Platform.
You agree that you are solely responsible for all User Content that you make available. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
neither the User Content nor the posting, uploading, publication or submission of the User Content or our use of the User Content on, through or by means of our 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.
We do not endorse and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.


Exclusion of competitors
In signing up for the Program, you agree that you will not use our Platform or copy the Program in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, however arising, and hold you accountable for any profits that you may make from non-permitted use.


Discontinuance
We may, at any time and without notice to you, discontinue our Platform in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.


Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.


No guarantees
While every effort has been made to accurately represent the Program, there is no guarantee that you will achieve the results desired. Your level of success in completing the Program depends on your compliance with your obligations under these Terms, the time you commit and other external factors and we cannot guarantee your success or any particular outcome or transformation, including the matters set out in the Schedule to the Terms under the heading “No Guarantees”.
You enter into the Program on this basis and agree to hold us harmless for failing to achieve any result desired or success in the Program.


Disclaimer
You acknowledge and agree to proceed with the Program on the following basis:
the information provided in our Program is based on our experience in our recognised field;
we make no guarantee as to the likely outcomes or otherwise of participating in the Program or any other program, course, package or Coaching we offer; and
you are solely responsible for the results that are achieved from the Program and any decisions that you make from knowledge you have learned or obtained from the Program. You indemnify us from any liability which arises as a result of any actions you take as a result of completing the Program.
You warrant that you have not relied on any testimonials published by us as a reliance to purchase the Program.
Entire agreement
These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.


Variation
We may modify these Terms from time to time by posting the amended Terms on our Platform. By continuing to participate in the Program after such modification, you agree to the amended terms. If you do not agree to the modifications, you must notify us immediately.


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.


Governing law
This Agreement is governed by the laws of Western Australia.


EXECUTION
We have no obligation or liability in connection with the Program until you accept this Agreement. You will be deemed to have accepted this Agreement if you:

sign this Agreement in the place(s) marked below and return the signed Agreement to us;
confirm your acceptance of this Agreement (or the provision of the Program) electronically, whether by email or other automated process; and/or
instruct us (whether in writing or orally) to proceed with the provision of the Program.