Terms & Conditions of Use

The Inspired Leader

1. About The Website

1. The Inspired Leader welcomes you. We invite you to access and use our websites, including, without limitation, theinspiredleader.com.au, www.kylieperrin.com.au, www.kylieperrin.com (the “Websites”).
2. The Websites contains information about Leadership Coaching, Development, Consulting and Training (the ‘Services’).
3. The Website is operated by The Inspired Leader (ABN 39 669 270 449) (“we,” “us,” or “our”). Access to and use of the Websites, or any of its associated Products or Services, is provided by The Inspired Leader. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Websites, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Websites, or any of Services, immediately.
4. The Inspired Leader reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Inspired Leader updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance Of The Terms

1. By accessing or browsing the Websites, you acknowledge that you have read, understood and accept the Terms of Use and our Privacy Policy. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Inspired Leader in the user interface. If you do not agree to any of these terms, then please do not use the Websites.

3. Registration To Use The Services

1. In order to access the Services, you must first register for an account through the Website.
2. The Inspired Leader is under no obligation to accept any individual as a Member and may accept or reject any registration in its sole and complete discretion. In addition, The Inspired Leader may deactivate any account at any time, including, without limitation, if it determines that a Member has violated these Terms of Use
3. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  1. First and last name,
  2. Email address,
  3. Preferred username,
  4. Mailing address,
  5. Mobile telephone number,
  6. Birth-date,
  7. Gender,
  8. Home address,
  9. Password or
  10. Other information that may be required
4. You warrant that any information you give to The Inspired Leader in the course of completing the registration process will always be accurate, correct, and up to date.
5. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
6. You may not use the Services and may not accept the Terms if:

1. 1. you are not of legal age to form a binding contract with The Inspired Leader; or
  2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

1. Each Username and corresponding Password can be used by only one Member, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement.
  - You are solely responsible for the confidentiality and use of your Username and Password, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Username.
  - We reserve the right to delete or change your Password or Username at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

- - The Inspired Leader will not be liable for any loss or damage caused by any unauthorised use of your account.

4. Your Obligations As A Member

1. As a Member, you agree to comply with the following:
  1. You will use the Services only for purposes that are permitted by:
    1. the Terms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  2. You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Inspired Leader of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Inspired Leader providing the Services;
  5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Inspired Leader;
  6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by The Inspired Leader for any illegal or unauthorised use of the Website;
  8. You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
  9. You will not upload, post, email, transmit, or otherwise make available any content that:
    1. infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    2. is defamatory, libellous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
    3. discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.

1. 1. You will not “stalk,” threaten, or otherwise harass another person; and
  2. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
  3. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;

5. Fees and Payment

1. As consideration for any purchase you make on the Websites, you shall pay The Inspired Leader all applicable fees and taxes. We (or our third-party payment processor) shall authorise your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
2. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorised disclosure or use of your Sign-In Name or Password). You hereby authorise The Inspired Leader to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card.
3. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
4. All payments made in the course of your use of the Services are made using Stripe, your Banking Institution, or other Payment Gateway(s). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe, your Banking Institution, or other Payment Gateway(s) terms and conditions which are available on their website.
5. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
6. You agree and acknowledge that The Inspired Leader can vary the Services Fee at any time.

6. Refund Policy

1. The Inspired Leader will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of The Inspired Leader makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).

7. Copyright And Intellectual Property

1. The Website, the Services and all of the related products of The Inspired Leader are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, coursework, training modules, photos, button icons, video images, audio clips, Website, code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by The Inspired Leader or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by The Inspired Leader, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
  1. use the Website pursuant to the Terms;
  2. copy and store the Website and material contained in the Website in your device’s cache memory; and
  3. print pages from the Website for your own personal and non-commercial use.
3. The Inspired Leader does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by The Inspired Leader.
4. The Inspired Leader retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
  1. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
  2. a right to use or exploit business name, trading name, domain name, trademark or industrial design, or
  3. a thing, system, or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
5. You may not, without the prior written permission of The Inspired Leader and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
6. Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

8. MEMBER CONTENT; LICENSES

1. As noted above, the Websites provides Members the ability to post and upload Member Content. You expressly acknowledge and agree that once you submit your Member Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Member Content, including, without limitation, any personally identifying information that you may make available.
2. You (and not The Inspired Leader), are entirely responsible for all your member content that you upload, post, email, or otherwise transmit via the websites, and you will indemnify us in respect of any loss, liability, claim, or damage suffered or incurred by us in connection with your member content.
3. You retain all copyrights and other intellectual property rights in and to your own Member Content. You do, however, hereby grant us and our sub licensees a non-exclusive, royalty-free, freely sub licensable, perpetual license to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Member Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.
4. You also grant us and our sub-licensees the right, but not the obligation, to use your Member Content, your Username, name, likeness, and photograph in connection with any use of the related Member Content permitted by the previous sentence and/or to advertise and promote the Websites, The Inspired Leader, and our products and services.
5. Without limiting the foregoing, you acknowledge and agree that uses of your Member Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Member Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
6. If you submit Member Content to us, each such submission constitutes a representation and warranty to The Inspired Leader that such Member Content is your original creation (or that you otherwise have the right to provide the Member Content), that you have the rights necessary to grant the license to the Member Content under the prior paragraph, and that it and its use by The Inspired Leader and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person.

9. Privacy

1. The Inspired Leader takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to The Inspired Leader’s Privacy Policy, which is available on the Website.

10. General Disclaimer

1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. The Inspired Leader will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of The Inspired Leader make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of The Inspired Leader) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records
  2. the accuracy, suitability currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website, the Services or any of the products of The Inspired Leader; and
  4. the Services or operation in respect link switch are provided for your convenience.

11. Limitation of liability

1. The Inspired Leader’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
2. You expressly understand and agree that The Inspired Leader, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

12. Termination of Contract

1. The Terms will continue to apply until terminated by either you or by The Inspired Leader as set out below.
2. If you want to terminate the Terms, you may do so by:
  1. providing The Inspired Leader with 30 days’ notice of your intention to terminate;
  2. Finalise any payments owing to The Inspired Leader; and
  3. closing your accounts for all of the services which you use, where The Inspired Leader has made this option available to you.
  4. Your notice should be sent, in writing, to The Inspired Leader via email to support@TheInspiredLeader.com.auor the ‘Contact Us’ link on our homepage.
3. The Inspired Leader may at any time, terminate the Terms with you if:
  1. you have breached any provision of the Terms or Intend to breach any provision;
  2. The Inspired Leader is required to do so by law;
  3. the provision of the Services to you by The Inspired Leader is, in the opinion of The Inspired Leader, no longer commercially viable.
4. Subject to local applicable laws, The Inspired Leader reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Inspired Leader’s name or reputation or violates the rights of those of another party.

13. Indemnity

1. You agree to indemnify The Inspired Leader, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against:
  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  3. any breach of the Terms.

14. Dispute Resolution

1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, 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.
3. On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
  1. Within 30 days of the Notice endeavouring of faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or Conflict Resolution Service or his or her nominee;
  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing 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;
  4. The mediation will be held in Melbourne, NSW, Australia.
4. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
5. Termination of Mediation. If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Governing Law and Venue

1. The Terms are governed by the laws of NSW, and the Commonwealth of Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of NSW, and the Commonwealth of Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
2. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

16. Digital Millennium Copyright Act

1. The Inspired Leader respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
2. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Kylie Perrin

The Inspired Leader

PO Box 1590

Warriewood Square, NSW 2102

1. If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including
  - a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located;
  - a description of the location of the original or an authorised copy of the copyrighted work;
  - your address, telephone number and email address;
  - a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
  - a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
  - an electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

17. Miscellaneous

1. You agree that, unless contrary to any applicable law, any cause of action arising out of or related to the websites, the content, or this agreement must be commenced by you within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
2. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law,
  1. no arbitration or proceeding shall be joined with any other;
  2. there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilise class action procedures; and
  3. there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

18. Severance

1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
2. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

19. Independent Legal Advice

1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Terms & Conditions of Use

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