Terms of service.

Terms & Conditions
Terms & Conditions and Better Collective (ABN 30712860802 ) trading as the Better Collective, Hello Better and bettercollective.com.au and hellobetter.com.au (collectively and individually referred to as “Better Collective”, “Hello Better”, “we”, “our” or “us”).

Effective Date: 1 September 2021
Thanks for visiting www.hellobetter.com.au (Site). This Site is owned and operated by the Better Collective ABN 30712860802 trading as the Better Collective and Hello Better. We provide a variety of services and products that include but are not limited to: Life Coaching, Mentoring, Fitness Training, Life Organisation Products/Tools and access to our Programs (The Better Project), Workshops, Program Extras and Events (including online events).

These terms of use (Terms) are applicable to the use of this Site and the content made available to you via this Site and our various social media channels. These Terms together with our Privacy Policy apply to all Site visitors, customers, and all other users of the Site (user, you and your).

Consent to the Terms
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms – thank you.

No Minors
By using the Site, accessing or purchasing any services or products, you warrant that:

(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

(b) have read and accepted these Terms;

Changes to Terms
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also may accept these terms where you click “Agree” or “Accept” or “Buy” or “Confirm” or “Purchase” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

Intellectual Property
The Site, services, programs, tools and products contain intellectual property owned by us including, without limitation, any content provided through our program work, program extras, program tools, program templates, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (Content). Your use of the Site and access to any Content we provide does not grant or transfer any rights, title or interest to you in relation to this Site, our programs, our tools, or the Content.

No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, our services, programs and/or products or the Content, our Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, services and products, Content, without refund, if you are found to be violating these Terms.

Links to Other Websites
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content are right for you.

Privacy
These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed on our website. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

Creating an Account
To book services, purchase programs, program extras and products, you may need to set up an account with us or affiliated service platforms. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account).

We reserve the right to suspend or cancel your account at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.

Pricing and Payments
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at anytime without advance notice to you. If you’ve purchased one of our services, programs or products, you will be charged at the price in place at the time your order is validated.

We reserve the right at any time to modify or discontinue our services, programs, program extras and products without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the services, programs and products made available to you on our Site.

Electronic Communications and Electronic Signatures
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, “I confirm”, or other similarly worded click or tick options by electronic means using an electronic device such as a mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

Information and Advice
The information provided in or through our Site, Services, Programs, Program Extras and Products is intended to be for educational purposes only and is made available to you as a means of helping you help yourself. Under no circumstances should the content made available on our Site, Services, Programs, Program Extras and Products be relied upon as business, financial, legal, psychological or medical advice.

Prohibited Use
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

Warranties
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site, Services, Programs, Products any other material made available from time to time, including that:

they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.

The use of our services, programs, program extras and products requires personal choices and/or actions that are unique to the individual and any reliance on the content made available on our Site are at your own risk.

Limitation of Liability
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site, and /or any services and/or products, your inability to access our Site, interruption or outage of our Site, or the fact that content on our Site or in our Services, Programs and/or products is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

Indemnity
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

Fees
Fees for our Services, Programs, Program Extras are set out in an individual service agreement and are bound by our Payment Terms and Conditions.

Program Deposits must be paid upon execution of an agreement between you and the Better Collective (Service Agreement). As our time has been invested to prepare individual programs, the deposit is non-refundable and non-transferable in the event of a cancellation except in limited circumstances.

Program Consultation fees and Program Extras fees must be paid at the time of booking (via the Squarespace appointment booking portal).

Cancellations and Refunds
Refunds of Program Deposits will not be provided, unless:

you cancel within 48 hours of your initial Program Consultation and provide us with written notice of your cancellation.
where we have had to cancel and cannot reschedule, in which case we will refund the Program Deposit in full.

Refunds of Program Consultations will not be provided, unless:

you cancel/or reschedule within 24 hours of your booking time and provide us with written notice of your cancellation/reschedule.
where we have had to cancel and cannot reschedule, in which case we will refund the Consultation Fee in full.
Refunds of Program Extras will not be provided, unless:
you cancel/or reschedule within 24 hours of your booking time and provide us with written notice of your cancellation/reschedule.
where we have had to cancel and cannot reschedule, in which case we will refund the Program Extras fee in full.
Refunds of Group Class fees will not be provided, unless:
you cancel/or reschedule within 10 hours of your booking time and provide us with written notice of your cancellation/reschedule.
where we have had to cancel and cannot reschedule, in which case we will refund the Group Class fee in full.

No Guarantees
Our role is to support and assist you in reaching your goals, we cannot guarantee that undertaking any coaching, mentoring or participating in any programs, classes or using our services and/or products will ensure success. Under no circumstances, can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. Any client reviews, statements or examples advertised or available on our Site or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.

Personal Responsibility
We provide services, programs, classes, tools and products on our Site to accurately represent the information provided. By participating in any services, programs, products or otherwise using our Site, you acknowledge you are solely and personally responsible for any results you achieve. You further acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained from your use of this Site, purchase of services, programs and products, taking into account your own personal circumstances.

Testimonials
On our Site we present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our services, programs, tools or products will achieve the same or similar results.

Intellectual Property Ownership
The Better Collective, Hello Better and The Better Project, its content, including but not limited to, all workbooks, handouts, notes, emails, printables,, video material, audio material are the property of the Better Collective or licensed Third Party Intellectual Property. Any violation of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

No Sharing Allowed
We have invested heavily in putting together the tools, concepts and support models that make up Hello Better and The Better Project. To protect our investments, you cannot share share, distribute, copy, forward, or give access anyone else. You must not under any circumstances, share passwords or logins with anyone else. We reserve the right to immediately remove your access to our services, programs and products without refund, if you are found to be violating these Additional Terms.

Breach and Termination
The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

Severability
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

Ceasing Our Website
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Assignment
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

Entire Agreement
These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

Governing Law and Jurisdiction
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of WA, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of WA, Australia.