1. These standard Terms & Conditions (Terms) apply to the Agreement between PaulieB & AliMac Pty Ltd ACN 673 150 966 t/as Paula Brennan Education (Us, We, Our) and You (You, Your, Yours) and relating to the provision of products and services to You by Us. By placing an order with us You agree to be bound by these Terms, which may be varied by Us from time to time at our discretion.

2. We agree to provide the Program, Book, Shoot, Repeat! (herein referred to as Program) identified in the online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in these Terms including those incorporated by reference.

3. As part of the Program we shall provide the following to You:

3.1 A Password Protected Program Area: We shall maintain a Program Area that will include video and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Program Area for as long as the Program Area exists, however no less than 120 days. In the event that We close the Program Area, it shall provide clients with 30 days notice and the ability to download the resources contained in the Program Area, which is what is referred to as "Lifetime Access" in our marketing materials.

3.2 Program Participant Online Community: We shall create and maintain a closed community forum (Program Forum) for You. This is a community run group, meaning that You are encouraged to help each other. We shall have a Community Manager, who is charged with overseeing the group ensuring that it runs smoothly.

DISCLAIMER

4. Our Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into these Terms. Except as modified by Terms, each of those agreements and policies shall apply fully to your participation in the Program.

5. You acknowledge, understand and accept that We, and our employees and assigns are not Your agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant.

6. You acknowledge, understand, and accept that We have not promised, shall not be obligated to and will not;

6.1 Procure or attempt to procure employment or business sales for You;

6.2 Perform any business managements functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;

6.3 Act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy;

6.4 Act as a public relations manager;

6.5 Act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for You;

6.6 Introduce You to Our network of contacts, media partners or business partners;

7. You acknowledge, understand, and accept that a relationship does not exist between Us following the Conclusion of the Program

FEES

8. In consideration of Your access to the Program, You agree to pay the fees as set out in the Order Pages.

9. You may choose between a single lump sum payment of the fees which will be due and payable immediately upon placing your order, or you may elect to pay by instalments as selected on your Order Page.

10. If you select the payment plan, you must pay the initial payment today and then your payment instalments will be automatically charged until the full fees payable are paid.

11. If you opt for the payment plan, you will remain responsible for those payments unless you obtain a refund according to the Programs Refund Policy set forth below.

12. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, We shall immediately suspend your access to the Program.

METHODS OF PAYMENT

13. If You elect for the payment plan, you hereby authorise Us to charge your credit card or debit card automatically pursuant to these Terms.

14. Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for You are declined for payment of Your monthly fee, You must provide a new eligible payment method promptly or Your program access will be removed.

15. If You do not request a refund within the terms of the program with the required coursework at the time of Your refund request, You are required by law to complete the remaining payments of Your payment plan and You understand that Your membership will automatically continue and You authorise us (without notice to You, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for Your account.

REFUND POLICY

16. We want You to be satisfied with Your purchase, but We also want You to give your best effort to apply all of the strategies in the course. We provide a 14-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.

17. In order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you by contacting Our support team at [email protected] and letting Us know you'd like a refund by the 14th day of the first module of the Program being released.

18. To be eligible for a Refund, You must include Your coursework with Your request for a refund. If You request a refund and do not include Your coursework by the 14th day of the first module of the Program being released, you will not be granted a refund.

19. The work that You need to submit with Your request for a refund includes ALL of the following items:

Requirement 1:Evidence of having watched ALL of module 1 and 2's lessons

Requirement 2: Provide folio with samples of ALL 10 go-to poses from Module 1

Requirement 3: Provide proof of approaching at least 2 venues

Requirement 4: Screenshot set up of online calendar booking system

Requirement 5: Evidence (screenshot) of at least 2 emails sent to client database 

Requirement 6: Evidence (screenshot) of 4 posts on at least 2 social media platforms 

Requirement 7: Tell us why this course was not a good fit for you and your business needs. What did you expect that you did not get once inside the program?

20. We will NOT provide refunds for any request that comes more than 14 days following the date of purchase. After day 14, all payments are non-refundable and You are responsible for full payment of the fees for the program regardless of whether You complete the program.

21. Please note: If You opted for a payment plan and You do not request a refund within 14 days, with the required coursework at the time of Your refund request, You are required by law to complete the remaining payments of your payment plan.

23. Upon determining that You are entitled to a refund pursuant to this policy, the We will promptly issue an instruction to its payment processor to issue the refund. We do not control Our payment processor and will not be able to expedite any refunds.

24. If You receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted You to use the material provided to You under this Agreement and the Company's Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to You, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

25. All refunds are discretionary as determined by Us. To further clarify, We will not provide refunds for requests made after the 14th day from the release of the first module of the Program being released and all payments must be made on a timely basis. If payments are not made on time, You agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

26. If You have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected]

CONFIDENTIALITY

27. We respect Your privacy and will not disclose any information You provide except as set forth in these Terms. As a condition of participating in the Program, You hereby agree to respect the privacy of other Program participants and to respect Our confidential information.

28. Specifically, You shall not share any information provided by other Program participants outside of the bounds of the Program unless You receive express written permission from such other participant to share the information.

INTELLECTUAL PROPERTY

29. We retain all right and title in the Intellectual Property of the Program. We grant to You a limited, non-exclusive, revocable license to use the Intellectual Property, including but not limited to the contents of the Program for the express and restricted use of participation in the Program only.

30. Further the above Intellectual Property is inclusive of Our name, logo, slogan, Product and service names, designs, and slogans.

31. Your participation in the Program does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You may use our Intellectual Property solely for your individual use, and will make no other use of the content without express written permission from Us and the copyright owner.

32. You hereby agree that any infringement of Our intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if You violate the Our intellectual property rights, Your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

FORCE MAJEURE

33. We shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any conditions of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Us including, without limitation, acts of God, flood, fire,earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

34. If any provision of these Terms are invalid or unenforceable in any jurisdiction it is to be read down for the purposes of that jurisdiction so as to enable it to be valid and enforceable and otherwise, and to the extent of any invalidity, shall be severed without effecting, to the extent possible, the validity and enforceability of the remaining clauses of the Terms.

To the extent permitted by law, We and Our employees, contractors or agents accept no liability arising out of the performance or non-performance of the Program or otherwise by virtue of these Terms, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of Us, Our employees, contractors or agents, in which case Our liability shall be limited to, as we determine:
- the cost of supplying the Program again; or
- the payment of the cost of having the Program supplied again.

Our liability for failure to comply with a guarantee shall be limited to, as we determine:
- the cost of supplying the Program again; or
- the payment of the cost of having the Program supplied again.

Nothing in this provision hall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.

35. We and/or Our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. We and/or Our suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

ASSIGNMENT

36. You may not assign these Terms without express written consent from Us.

TERMINATION

37. We reserve the right, in Our sole discretion, to terminate Your access to the Program and the related services or any portion thereof at any time, if You become disruptive to Us or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate these Terms. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

INDEMNIFICATION

38. You agree to indemnify, defend and hold harmless Us, Our officers, directors, employees, agents and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of or inability to use the Program and related services, any user postings made by You, Your violation of any conditions of these Terms or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses.

EARNINGS DISCLAIMER

39. This site and the products offered on this site are not associated, affiliated, endorsed or sponsored by Facebook, nor have they been reviewed, tested or certified by Facebook.

40. There is no guarantee that you will earn any money using the techniques and ideas in these Program materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using Our product, ideas and techniques.

41. Any claims made of actual earnings or examples of actual results can be verified upon request. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

DISPUTE RESOLUTION

42. If a dispute between Us and You arises out of, or relates to, these Terms, including with respect to a breach or termination of the Terms, Us and You expressly agree to take all reasonable steps to resolve the dispute through Appropriate Dispute Resolution, unless and until Us and You otherwise agree in writing.

43. Either Us or You, as a party to the Terms, may take action in relation to a dispute otherwise than in accordance with this provision, if the party taking action reasonably believes, having regard to that party's situation and the nature of the dispute, that resolution of the dispute cannot be achieved through compliance with this provision, in which case that party shall provide written notice to the other party stating:
- that the party proposes to take action pursuant to this provision; and
- the basis for the party's reasonable belief that the dispute cannot be achieved through compliance with this provision.

44. If a party to a dispute for the purposes of this provision takes action pursuant to this provision, and a court or tribunal determines that the belief of that party with respect to its compliance with this provision is or was not reasonable having regard to that party's situation and the nature of the dispute, that party is deemed to consent to the making of a an appropriate order for costs as against the party on the application of the other party to the dispute.

MISCELLANEOUS

45. A waiver of, or failure by Us to enforce, a right arising under these Terms by Us does not affect any other of Our rights, whether arising under these Terms or otherwise.

46. If any clause of these Terms is invalid or unenforceable in any jurisdiction it is to be read down for the purposes of that jurisdiction so as to enable it to be valid and enforceable and otherwise, and to the extent of any invalidity, shall be severed without effecting, to the extent possible, the validity and enforceability of the remaining clauses of these Terms.

47. These Terms contain the entire agreement between Us and You with respect to its subject matter and supersedes all prior communications, arrangements, conduct and/or agreements.

48. These Terms shall be governed by, and construed in accordance with, the laws for the time being in force in the state of Queensland, Australia and Us and You submit to the non-exclusive jurisdiction of the courts of that State.

49. Unless otherwise stated in these Terms, any clause of these Terms which expressly, or by implication from its nature, is intended to continue, will survive the expiration or termination of these Terms.

50. Live training is a bonus, and if it can not be delivered due to unforeseen circumstances, You accept We bear no responsibility as the pre-recorded classes are supplied within the course content and no refunds will be issued.

© PaulieB & AliMac Pty Ltd

Last Updated: 13 January 2024