LISA BYRNE
GROUP PROGRAMS & COACHING TERMS AND CONDITIONS
The eComm CEO (group program + curriculum) and
eComm Grow Strong (curriculum)



Thank you for choosing Lisa Byrne! These terms and conditions (Terms & Conditions) govern the relationship between the parties. By clicking “accept” you agree to these Terms & Conditions.
These Terms & Conditions are read in conjunction with the information on the booking page (Booking Page) and Program information page of the website (Information Page) for each of the programs. The Booking Page and Information Page can be via the website.

Parties
You are the Client, and your details are set out on the Booking Page of the Website.
AND -
Lisa Byrne Marketing Pty Ltd (ABN: 46 650 668 198) t/a Lisa Byrne of 1/234 West Street, Umina Beach NSW 2257 (Lisa Byrne)

Lisa Byrne offers brand and marketing programs (Programs) in group settings, tailored to client needs and requirements, as set out on the website www.lisabyrne.com.au (Website) (referred to as the Services). You have engaged Lisa Byrne to provide the Services.

The Engagement
Lisa Byrne agrees to perform the Services for You, for the Fee, Terms and on the Date/s as set out on the Information Page or agreed to in writing by the parties.
Lisa Byrne agrees to commence the Services on the Commencement Date, upon acceptance of the Invoice and these Terms & Conditions, and upon payment of the required Fee as invoiced to You.
The Commencement Date is outlined on the Information Page.
Lisa Byrne will work with you in a group setting to achieve your goals.
Both Parties agree that the Services will be provided online.
Lisa Byrne will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services (Refund).
Fee
You agree to pay Lisa Byrne the Fee as set out on the Booking Page.
The Fee payable to Lisa Byrne 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 Lisa Byrne.
You agree to make Payment of the Fee via the Website, by the due date of your respective payment plan option.
In the event that any payment under this Agreement is not made in full on the due date, Lisa Byrne is entitled to charge You interest at the rate of 5% per annum, calculated daily.
You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Lisa Byrne for steps taken to enforce payment terms will be recoverable and payable by You, and if you are paying via a payment plan, the full amount outstanding will be come immediately due and payable.
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 (Cth), inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.


Rescheduling, Termination and Refunds
Rescheduling
Lisa Byrne will not accommodate reschedule requests for group coaching sessions. You are responsible for ensuring You can attend the scheduled days and times as set out on the Information Page.
Termination & Refunds
You must notify Lisa Byrne of an intention to terminate as soon as practicable through e-mail to support@lisabyrne.com.au and abide by the following (Termination Policy).
The Services are non-refundable. If you have purchased the Services and wish to terminate your involvement early, all unpaid amounts of the Purchase Price are non-refundable. If you are unable to attend a private or group session, you will not be provided with a refund.
For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Services early, Lisa Byrne 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 Services will be revoked.
Lisa Byrne will only provide you with a refund of the Fees in the event that Lisa Byrne is unable to continue to provide the Services (Refund).
Lisa Byrne reserves the right to terminate your involvement in the Services for breach of these Terms with 7 days notice by e-mail.
If Lisa Byrne terminates the Services, you agree to pay Lisa Byrne for the portion of the Services completed up to the date and time of termination.
Lisa Byrne may change the Termination Policy at any time without notice and bookings made in advance of the change will not be affected.
Delivery of Programs and License Information
If you are purchasing Services that include access to an online educational platform the following clauses will apply.
Each purchase of the Services grants to you access to the program through Kajabi, the Membership Portal (Membership Portal).
When you purchase a Services, Lisa Byrne grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
The Licence is valid for the term of the Services (Licence Term). This means the Services will be viewable for the Licence Term only. After this time the Services will expire and you will no longer be able to access the Services.
The Services are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Services materials, booklets, and access to any other aspect of the Services.
Group Coaching
It is important to Lisa Byrne that all participants are comfortable to fully participate in the Services. Therefore, if you are purchasing a group coaching program (Group Coaching Program) the following clauses will apply.
As a participant in a Group Coaching Program (Participant), you expressly agree that you will not, through any means:
harm, harass, hassle, abuse or discriminate against other Participants; or
send un-welcomed communication, such as spam, to other Participants; or
act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
infringe the intellectual property or privacy rights of any Participant or any third-party.
Lisa Byrne, at its discretion, reserves the right to exclude you from any group sessions or events if you are disruptive or disrespectful in any way.
Lisa Byrne, at its discretion, reserves the right to remove, edit or alter any content created by you or on the Facebook Group or any other platform utilised in the delivery of the Services.
Lisa Byrne retains the right to deny you access to the Services at any time for breach of these Terms & Conditions.
The Services will be provided using Kajabi, Facebook, Zoom and any other platform as directed by Lisa Byrne from time to time. You acknowledge and understand that you are required to have access to adequate technology and internet to participate fully in the Group Coaching Program.
Leave Period
Lisa Byrne will use its best efforts to ensure that Your involvement in the Group Coaching Program is not interrupted by external events. However, unexpected life events do happen, such as sickness or other personal matters, that are outside the control of any party. Therefore, this clause has been designed to facilitate flexibility should an unexpected issue arise that is outside the control of Lisa Byrne.
Lisa Byrne may, at its sole discretion, alter the Term to include a leave period (Leave Period) where Lisa Byrne will be unable to provide the Services.
If Lisa Byrne is required to include a Leave Period, You will be advised and the Term will be adjusted accordingly. You will be notified by Lisa Byrne of the new Completion Date and other relevant changes to details.
Lisa Byrne will not be responsible for any loss, or Your inability to continue the Services once they are recommenced, based on Lisa Byrne’s need to take a Leave Period.
Warranty Period for the Services
Lisa Byrne will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Lisa Byrne makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
The Services do come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with the Service, you are entitled to cancel your contract with Lisa Byrne, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
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.
Services Disclaimer
You are solely responsible for creating and implementing your own career or business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and your sessions and interactions with Lisa Byrne. As such, you agree that Lisa Byrne is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or career, or for any direct or indirect result of any Services provided by Lisa Byrne.
You understand that the Services are not a substitute for independent professional advice and any reliance on this information is at your risk. You agree to assess whether the information provided by Lisa Byrne is appropriate and applicable to your needs. Lisa Byrne strongly recommends that you obtain independent professional advice before relying on the information provided to you.
You understand that in order to enhance the relationship and sessions with Lisa Byrne, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.
Information Disclaimer
Any information, advice, content or documentation provided on the Website, through the Services, social media accounts, podcast, blog or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
All care is taken in the preparation of the information and published materials on the Website, through the Services, social media accounts, podcast, blog, or on any other related platform. Lisa Byrne does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
To the extent permissible by law, Lisa Byrne will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, social media accounts, podcast, blog, or on any other related platform.

Liability
Lisa Byrne’s total liability arising out of or in connection with the Services or this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
Waivers
A waiver of any right, power or remedy under this Agreement 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.
The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
Third-Party Contractors and Consultants
Lisa Byrne prides takes pride in delivering high-quality and enriching services within the Program Name. Therefore, Lisa Byrne may, at any time and with sole discretion, outsource any of the Services to third-Party contractors or consultants, including guest speakers, without Your prior consent. Lisa Byrne will not be liable for any action or inaction, opinions, views or advice of any third-Party.
Photography and Video Release
You agree that Lisa Byrne may use photographs and videos of You taken during the Program Name sessions for Lisa Byrne’s own purposes, including marketing, social media use, and use on Lisa Byrne’s website. You agree to notify Lisa Byrne in writing should You wish to remove consent for photographs or videos of You being taken and used by Lisa Byrne.
Marketing
You agree that any testimonials that may be provided by you from time to time may be used by Lisa Byrne for marketing purposes.
Disclosure and Use of Confidential Information
Confidential information means any information that is:
processes, methodologies, statements, formulae, trade secrets, information (and copies and extracts made of or from that information and data) that is not in the public domain; and
confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information (Confidential Information).
All obligations of confidence set out in this Agreement continue in full force and effect after completion of services.
Lisa Byrne must not disclose any Confidential Information to any third party without your prior consent.
This Agreement prohibits the disclosure of Confidential Information by Lisa Byrne with exception to the following circumstances:
the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement has consented to the disclosure of such information to the professional adviser;
the disclosure is required by applicable law or regulation; or
if the confidential information is already in the public domain at no fault of Lisa Byrne.
Copyright and Intellectual Property Rights
Intellectual property means the business names, copyrights, patents, trademarks, service marks, trade names, designs, materials, and similar industrial, commercial, and intellectual property (whether registered or not) including any processes, methodologies, program materials, information, documentation and creative works of Lisa Byrne (Intellectual Property).
You agree that any Intellectual Property of whatever nature produced or developed by Lisa Byrne or under Lisa Byrne's direction under or in the course of providing the Services will remain the sole and complete property of Lisa Byrne.
If You have fully complied with this Agreement and if the Intellectual Property including processes, methodologies, Program materials, information, documentation, and creative works referred to in clause 5.1(a) have been produced by Lisa Byrne as part of the Services, Lisa Byrne grants to You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use to use such Intellectual Property for such purposes as the Parties reasonably contemplate at the Commencement Date (Licence).
Unless this Agreement is terminated early, the Licence is valid for 9 months (Licence Term). This means the Services will be accessible via Lisa Byrne’s kajabi platform for 9 months. After this time the Services will expire.
The Services are intended for use by You only. Sharing of the Licence is not permitted. This includes the sharing of any supplemental Program materials, ebooks or workbooks, and access to any other aspect of the Services.
There is no assignment of Intellectual Property rights by Lisa Byrne to You under this Agreement.
Nothing in this Agreement affects the moral rights in any works, items, materials or information supplied under this Agreement.
You retain ownership of Your own data. You hereby grant Lisa Byrne a licence to use, copy, transmit, store and backup a copy of Your data for the purposes of providing the Services.
Indemnification
You hereby indemnify and agree to keep indemnified Lisa Byrne 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.
Force Majeure
If circumstances beyond Lisa Byrne’s control prevent or hinder its provision of the Services, Lisa Byrne is free from any obligation to provide the Services while those circumstances continue. Lisa Byrne may elect to terminate this Agreement or keep the Agreement on foot until such circumstances have ceased.
Circumstances beyond Lisa Byrne’s 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.
For the sake of clarity, if in Lisa Byrne’s reasonable opinion, the provision of the Services will be affected by the COVID-19 Pandemic, Lisa Byrne may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Lisa Byrne will not be liable for any losses or damage due to the COVID-19 Pandemic. If You choose to terminate an agreement due to the COVID-19 Pandemic, cl. 4.2. will apply.
Dispute Resolution & Mediation
We hope that a dispute between us does not arise, however in the unlikely event that it does, the following clause will apply.
If a dispute arises out of or relates to the terms of this Agreement, 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).
A party to this Agreement claiming a dispute (Dispute) has arisen under the terms of this Agreement, 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 (Notice).
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.
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 President of the Law Society of New South Wales, Australia.
It is agreed that mediation will be held in New South Wales, Australia with the venue to be agreed.
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.
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.
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.
No partnership or agency
Nothing contained or implied in this Agreement 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.
Governing Law & Jurisdiction
This Agreement is governed by the laws of New South Wales, Australia.
In the event of any dispute arising out of or in relation to the Services, Lisa Byrne agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.
Assignment
This Agreement may not be assigned without the consent of both parties.
Variation
This Agreement may not be changed or modified in any way except in writing.
Severance
Any provision of this Agreement, which 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 this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
Entire Agreement
This Agreement constitutes the entire agreement of the parties in respect of the matters dealt with in this Agreement and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in this Agreement.