Client Terms and Conditions
These Client Terms & Conditions (“T&Cs”) describe your rights and responsibilities (as our “Customer” or “you”) when you buy any of our Online Courses, Coaching and Spiritual Healing services or any other goods and services we offer for sale (“Services”). In these T&Cs Love Academy Worldwide Pty Ltd ACN 657 651 682 is referred to as “we”, “our” or “us”.
In order to acquire our Services, you must first register for an Account through our website (“Account”). By logging in and/or subscribing for an Account (whether for your own use and/or for the use of persons invited by you through your Account), you and any entity or firm you are authorised to represent, as well as any other person you invite to use the Services as part of your Account, agrees to these T&Cs which, together with our Website Terms, our Privacy Policy and our Cookie Policy, all of which are incorporated by reference and any other documents incorporated by reference into these T&Cs, constitute a binding legal contract between you and us.
We encourage you to read these T&Cs carefully. By clicking the link on our Website to make a purchase of Services from us or by subscribing for an Account with us, you acknowledge and confirm that you have read and understood these T&Cs and agree to abide by these T&Cs.
We reserve the right to revise, change or modify these T&Cs at any time by posting new T&Cs on our Website. You are bound by any such revisions and should therefore visit the T&Cs each time you visit our Website to review the current T&Cs by which you must abide.
By accepting these T&Cs, you also warrant to us that you are at least 18 years old or if younger than 18 you have the approval of your parent or guardian. If you are of age with legal capacity, you warrant that you have the legal capacity to enter these T&Cs and have read and understood these T&Cs.
We use a third party payment gateway in relation to the receipt and payment of all Fees. We have no responsibility for your actions or inactions once you make a payment via the third party, or agree to accept a payment from us via the third party payment gateway, or the actions or lack of actions by the third party payment gateway, other than as stated in these T&Cs.
1. Definitions
Account means an online account made available to you to enable you to purchase Services.
Content means any information or material of any kind published by or made available to us on our Website (including material provided by you for publishing on our Website) including, without limitation, text, graphics, data, images, business, company or trade names, domain names and trademarks, whether registered or unregistered.
Fees means the fees payable to us by you for Services you have offered to buy from us, including the cost of all delivery fees and any other amounts payable to us under these T&Cs or as set out on the Website.
Force Majeure means any event or circumstances beyond the reasonable control of us including any fire, lightning strike, flood, earthquake, natural disaster, sabotage, nuclear contamination, terrorism, war or civil riot that occurs to the extent that it:
a. would be unreasonable to expect us to have planned for, avoided or minimised the impact of such circumstance by appropriate risk management, disaster recovery or business resumption plan
b. results in us being unable to perform an obligation under these T&Cs on time.
Services means the goods and services offered for sale by us via our Website.
Term means the period from subscription for an Account by you until termination in accordance with clause 6.
2. Purchases
You are required to create an Account in order to purchase Services from us. We will provide a confirmation of Account registration when you register for an Account. It is your responsibility to keep your Account details up to date and confidential. You are liable for all activity on your Account, including purchases made using your Account details.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
If you become aware of any unauthorised use of your Account, you agree to inform us immediately in writing.
You may buy Services from us as set out on our Website. We may at our discretion accept or reject an order depending on factors including availability of Services and our ability to validate payment for Services. It is your responsibility to check your order details, including selected Services and Fees before you complete your order on our Website.
We will provide you with order details, which may include an order number, the shipping and billing addresses and a description of what was ordered when you order and pay on our Website and your payment has been validated.
You agree to pay us the Fees for the Services and any other amounts payable to us under these T&Cs as set out on our Website. All amounts are stated in Australian dollars and are inclusive of GST (where applicable). Changes to wholesale prices and RRP (recommended retail) may occur without notice, and will be updated on our Website without notice.
You must pay for the Services by one of the methods set out on our Website and via a third party payment gateway. You must not pay, or attempt to pay, for our Services through any fraudulent or unlawful means.
All purchases are subject to availability.
We may from time to time offer promotional discount codes, which may be applicable to certain Services on our Website. To claim the discount, you must enter the promotional discount code at the time of submitting your order on our Website. The conditions of use relating to any promotional discount code will be specified on our Website at the time it is issued.
3. Consumer Law, Cancellations and Refunds
While the information and material contained on our Website is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on our Website.
Any information or recommendation contained on our Website is general only and does not constitute medical, health, wellness or diagnostic advice. You acknowledge that it is not reasonable for you in the circumstances to have, and you are not relying on the information on our Website in deciding to purchase Services and will be relying on your own enquiries and advice in deciding whether the Services are right for you.
We are not a medically licensed physician and therefore any advice, suggestions and recommendations are not a substitute for medical attention. You should continue to see your health care provider and should not stop prescribed medications or treatment provided by health professionals or act without the advice, consent and direction of your physician. We accept no responsibility and will not be liable for any harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a result of any advice, information or recommendation being inaccurate, incomplete, unsuitable or incorrect.
We provide no warranty as to, and to the extent permitted by law expressly disclaim any liability for harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a result of our Services being unsafe, unsuitable for you or them or unfit for your or their purposes and/or use, because of your or their particular circumstances or condition, and/or the Services not providing an expected or otherwise desired or beneficial effect, improvement or enhancement, even if you disclosed that purpose to us before purchasing the Services, as you acknowledge that you are not relying on our skill or judgement or the skill or judgement of the manufacturer of the Services in that regard.
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods by us to you which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these T&Cs excludes your Statutory Rights as a consumer under the ACL. We otherwise exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
If you need to cancel your Services (other than spiritual healing services), please provide us with at least 2 days’ notice, by emailing us at hello@loveacademy.com.au or by calling us on +61 407 709 293. If adequate notice is given to us (other than for spiritual healing services), we will be entitled to 30% of your Fees to cover our costs and lost opportunity, which will be charged by us to your payment method provided by you to us. For spiritual healing services once you place your order, we normally start sending healing to you within 24 hours, and once the healing sessions are sent, neither cancellations or refunds are permitted unless the spiritual healing session is cancelled prior to it being sent by us, in which case you may receive a refund, less 30% of your Fees to cover our costs and lost opportunity, which will be charged by us to your payment method provided by you to us. Bonus materials are also standalone courses and if you request a cancellation before any spiritual healing services are conducted, we will be entitled to 50% of your Fees to cover our costs and materials, which will be charged by us to your payment method provided by you to us.
You may otherwise be permitted a refund in the following circumstances:
- Online courses: if within 14 days of purchase you are not completely satisfied, please contact us, supply us with the module course work, and we will issue you with a refund. No refund is available after 14 days
- Membership: No refunds
4. Limitation of Liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Website and/or the Content and/or any inaccessibility of, interruption to or outage of our Services.
In no event will we be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of our Services.
Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with these T&Cs (including the Services the subject matter of these T&Cs) will be limited to, and must not exceed, the portion of the Fees paid by you to us for the Services the subject of the relevant claim and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- loss of, or damage to, Services, or any injury or loss to any person
- failure or delay in providing the Services or
- breach of these T&Cs or any law, where caused or contributed to by any
- event or circumstance beyond our reasonable control or
- act or omission of you or your personnel, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to Services.
5. Term and Termination
We reserve the right to refuse supply Services, terminate or close your Account, terminate these T&Cs, and remove or edit content on our Website at our sole discretion, without incurring any liability to you.
You may terminate and/or close your Account at any time by unsubscribing and/or contacting us to request we close your Account. On receipt of your message during business hours, your Account will be closed and your ability to log in deactivated as soon as is reasonably practicable.
The expiry or termination of your Account for any reason will be without prejudice to any rights or liabilities which have accrued prior to the date of expiry or termination of your Account or these T&Cs.
6. Push Notifications, Online and Mobile Alerts
You consent to us sending you push notifications. With your consent, we may send push notifications or alerts to your mobile device even when you are not logged in. Alerts sent via push notification will be sent to any device on which you have installed and registered our Website with notifications enabled. Alerts could be seen by others (including unauthorised persons) who use or access your device. You can manage your push notification preferences or deactivate these notifications at any time by turning off the notifications through the applicable settings on your device.
Automatic alerts may be sent to you following certain changes made to your Account, such as a change in your registration information. Voluntary account alerts are turned on by default. They may then be customised, deactivated or reactivated by you. These alerts allow you to choose alert messages for your Account. We may add new alerts from time to time, or cease to provide certain alerts at any time upon our sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service. We offer no guarantees that alerts will be received by you, or that our service works on your specific device.
Electronic alerts will be sent to the email address, mobile phone, including via the app, you have provided for us. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts.
Alerts may include your account login details and some information about your Account. Anyone with access to your email will be able to view the content of these alerts.
7. Disputes
In the event of any dispute arising from, or in connection with, these T&Cs (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.
If the relevant Parties are unable to resolve the Dispute with 15 Business Days, any Party involved in the Dispute may (by written notice to the other parties) submit the Dispute to mediation administered by the Resolution Institute of Australia, with such mediation to be conducted:
- in good faith
- in the Australian Capital Territory and
- in accordance with the Resolution Institute of Australia Mediation Guidelines.
The costs of mediation are to be split between the relevant parties, provided that each party will bear its own costs in relation to the mediation.
If the Dispute has not been settled within 20 Business Days after the appointment of a mediator, or such other period as agreed in writing between the parties, the Dispute may be referred by any party involved in the Dispute (by written notice to the other parties) to litigation.
If the parties do not resolve the Dispute within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
8. General
You warrant and represent that you have not relied on any term, undertaking, inducement or representation made by, or on behalf of, us which has not been expressly stated in these T&Cs.
Except as otherwise agreed in writing these T&Cs form the entire agreement between you and us and supersedes any prior agreement covering the same subject matter and any prior written or oral representations.
Any failure or delay in exercising a power or right (either wholly or partially) in relation to these T&Cs does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
If a provision of these T&Cs is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these T&Cs without affecting the validity or enforceability of the remainder of that provision or the other provisions in these T&Cs.
If performance of these T&Cs or any obligation under these T&Cs is prevented, restricted or interfered with by reasons of Force Majeure and we are unable to carry out our obligations we will give you prompt written notice of such event, and then our obligations shall be suspended to the extent necessary by such event. We will use reasonable efforts under the circumstances to remove such prevention, restriction or interference or to limit the impact of the event on our performance and must continue to perform with reasonable dispatch when the Force Majeure is removed.
These T&Cs are governed by the laws of the Australian Capital Territory. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in the Australian Capital Territory and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at: hello@loveacademy.com.au or by calling us on +61 407 709 293.