Welcome to www.fireflylifecoaching.com.au (my Site).
This Site gives you an opportunity to browse and purchase products and services for woman and men meeting them where they are in their life offered by Fire Fly Life Coaching (ABN 4156 725 2616).
These Terms and Conditions (Terms) govern your use of this Site, as well as Fire Fly Life Coaching products and services which may be run on third party (social media) platforms, and form a binding contractual agreement between you and us.
These Terms are important, and you should ensure that you read them carefully and contact Fire Fly Life Coaching at firstname.lastname@example.org if you have any questions before purchasing our products or engaging our services. These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. Fire Fly Life Coaching products and services are intended for people aged 18 and over.
ACCEPTANCE OF TERMS
- By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchasing tickets to attend any Fire Fly Life Coaching Events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
- We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at email@example.com and immediately discontinue your use of the products and/or services.
- All Fire Fly Life Coaching products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
- Fire Fly Life Coaching provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
- Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
- You acknowledge and agree that Fire Fly Life Coaching, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
EARNINGS AND INCOME DISCLAIMER
- Fire Fly Life Coaching cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our products and/or services.
- Any financial representations or physiological conditions referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.
ONLINE COURSES AND ACCESS TO PROGRAMMES
- Every effort is made to keep the Site up and running smoothly. However, Fire Fly Life Coaching takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. Where scheduled maintenance or improvement works on the Site are being performed, we endeavour to move all required assets to alternative platforms however cannot be held responsible for temporarily limited access to resources.
- Certain courses and programmes are run on third party (social media) platforms such as but not limited to Facebook. Fire Fly Life Coaching takes no responsibility for, and will not be liable for, these third party platforms being unavailable due to issues beyond our control.
DELIVERY OF GOODS
- Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us at firstname.lastname@example.org so we may try to assist you.
- Physical goods are delivered through Australia Post. Please be aware there are inherent risks associated with loss of goods in transit. Should you not receive your goods within 14-25 days depending on your country and state. please contact us at email@example.com so we can follow it up.
REGISTERING YOUR DETAILS
- Before you purchase our products and/or services, you must register an account with us.
- You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
- We may at any time request a form of identification to verify your identity.
- If you are a registered user or member to this Site, you acknowledge and agree that:
- You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
- You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
- You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
- You will immediately notify us if your Password is lost or becomes known to any other person;
- You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
- Any information you provide to us for posting or inclusion in our Fire Fly Life Coaching Community, at any time, becomes our property.
- You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
- Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.
- When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Fire Fly Life Coaching Community) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Fire Fly Life Coaching Community any of the following:
- Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
- Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
- Information that includes personal or identifying information about another person without that person’s consent.
- Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
- Any information or content that impersonates any person or entity.
- Any material, non-public information about companies without authorisation to do so.
- Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
- By posting or otherwise publishing Your Content on our Site or Fire Fly Life Coaching community, you
- Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
- Warrant that you have the right to grant the above licences;
- Warrant that Your Content does not breach these Terms; and
- Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- We reserve the right (but have no obligation) to:
- Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
- Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
CODE OF CONDUCT
- Our Site and Fire Fly Life Coaching Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
- Whilst using this Site and/or our Fire Fly Life Coaching Community, we ask that you not:
- Contact anyone who has asked not to be contacted.
- Collect personal data about other users for commercial or unlawful purposes.
- Infringe other user’s privacy rights.
- Violate the intellectual property of others.
- Post anything that contains software viruses, worms or any other harmful code; or
- Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
- Please see our Fire Fly Life Coaching Community Guidelines in the appendix to these Terms for more information.
- We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Fire Fly Life Coaching product and/or services participants (Participants) and representatives of Fire Fly Life Coaching.
- You agree:
- That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
- Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
- That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
- That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
- While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
EXCLUSION OF COMPETITORS
- If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Fire Fly Life Coaching. Fire Fly Life Coaching expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Fire Fly Life Coaching hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Fire Fly Life Coaching reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT AND TRADEMARK NOTICES
- All material on this Site, in our Fire Fly Life Coaching Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
- You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
- The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of Fire Fly Life Coaching. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Fire Fly Life Coaching, in any manner that is likely to cause confusion with customers, or in any manner that disparages Fire Fly Life Coaching
- Nothing contained on this Site or in our Fire Fly Life Coaching Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
- You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Fire Fly Life Coaching will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
RIGHT TO SUSPEND, TERMINATE AND REFUND
- We reserve the right to suspend or terminate your use of the Site, the Fire Fly Life Coaching Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
- Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our Fire Fly Life Coaching Community, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).
- The cost, cancellation and refund, if any, details of our products and services are set out below:
- All products are charged in AUD as per agreed price at checkout.
- The Firefly Academy Group Mentoring (monthly membership) is Ongoing monthly until cancelled 30 days written notice required via email to contactus@fireflylifecoaching
- Personal Mentoring unless paid for upfront will have weekly withdrawals from the account chosen upon purchasing the product.
- There is no refund available on any of our products
- Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the Fire Fly Life Coaching team.
- Invoices for any Fire Fly Life Coaching program are automatically generated and can be requested at any time by emailing firstname.lastname@example.org
- Some of our payments are operated through an online and automated billing system (Thrivecart). Where your payments are made via Online Payment:
- You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
- If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
- Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
- We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
- We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
- We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
- We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
- In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
- From time to time, Fire Fly Life Coaching may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
LIABILITY IS LIMITED
- The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.
- We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Fire Fly Life Coaching Community or Our Content.
- In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Fire Fly Life Coaching Community or Our Content.
- These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
- Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing websites or servers maintained by other organisations through links on our Site, Fire Fly Life Coaching Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
- The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
- You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Fire Fly Life Coaching Community or through use of our products or services.
- As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Fire Fly Life Coaching Community.
- Through this Site you may be able to link to other websites which are not under the control of Fire Fly Life Coaching. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Fire Fly Life Coaching is selective and only promotes other businesses who we have purchased from and used their product or service ourselves. Fire Fly Life coaching will not be held liable in any way for any program, product or service that we promote or share. You are required to use your judgment to determine if any program, product or service I link to is appropriate for you.
- You cannot transfer or assign your Fire Fly Life Coaching membership without Fire Fly Life Coaching prior written consent.
- We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
- If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
- In the case of claims against us, all notices are to be provided to email@example.com
- If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
- Once a mediator is appointed, the parties agree that:
- The costs of the mediator shall be borne equally between the disputing parties.
- The chosen mediator shall determine the procedures for mediation.
- The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
- If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
- Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
- Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
- This clause survives termination of these Terms.
- These Terms shall be construed in accordance with and governed by the laws of Australia. You consent to the exclusive jurisdiction of the courts in Australia to determine any matter or dispute which arises between us.
EXCLUSION OF UNENFORCEABLE TERMS
- Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
- We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
- If you have questions or comments regarding this Site, or Fire Fly Life Coaching products or services, please email us at firstname.lastname@example.org