Terms & Conditions
These Terms and Conditions (Terms and Conditions) govern your use of this website (lady-brains website), subscription to lady-brains courses, enrolment in the lady-brains Brains Trust program, the lady-brains Facebook group, plus other online or in-person courses, platforms, channels, forums or events.
Altogether, we refer to the lady-brains website, lady-brains courses, the lady-brains Brains Trust program, the lady-brains Facebook Group, and any associated online or in-person platforms, channels, forums or events as the “lady-brains network”.
Please read these Terms and Conditions carefully and contact hey@ladybrains.com.au if you have any questions.
1. ACCEPTANCE OF TERMS:
By accessing, using and/or signing up to the lady-brains network, you acknowledge that you have understood these Terms and Conditions and you agree to be legally bound by these Terms and Conditions.
If you do not agree with any part of these Terms and Conditions you should not access, use or sign up to the lady-brains network.
You must be at least eighteen years old to sign up to the lady-brains network. You must refrain from accessing the lady-brains network if you are not eighteen or older unless you contact us first at the email above.
If these Terms and Conditions are updated or modified by us, at our sole discretion, we will notify you either on the lady-brains website, via email or in the lady-brains Facebook Group, and you will be responsible for deciding whether to maintain your membership or enrolment with lady-brains courses or programs, and to continue accessing or using the lady-brains network.
2. SIGNING UP
In order to access the lady-brains courses, to engage with lady-brains courses and its services, to engage with other women that have joined lady-brains or to contribute any materials, you must enroll to become a participant by creating a user account (“User Account”) and making payment of the relevant enrolment fee
In order to create a User Account, you will need to provide certain information to us, that is able to personally identify you, including but not limited to, your name and your email address.
You warrant that all information provided by you is accurate, complete, true and up to date and you agree to notify us immediately in the event that any of your personal information or contact details change.
Our use of the personal information provided by you is governed by our Privacy Policy available at https://www.ladybrains.com.au/privacy-policy
You acknowledge and agree that we may conduct enquiries or request further information, including a form of identification, at our entire discretion in order to verify your identity.
You agree not to create more than one User Account without our express, written permission.
You agree not to create User Accounts for any person or entity that is not you or that is not owned or controlled by you, without our express, written permission.
You will not seek to pass yourself off as another user or person.
You agree not to do anything which would assist a third party who is not a registered user to gain access to any restricted area of the lady-brains Network or to Confidential Information (defined below) or Course or Program Materials associated with lady-brains courses or programs
You agree that you are responsible for maintaining the protection and confidentiality of your User Account information, such as account identifiers, your password and your account activities.
You will notify us immediately if you become aware any unauthorised use of your password or account identifiers by others, or if your password is lost or becomes known to any other person.
You agree that information that you provide to us, post, share or otherwise communicate in the course of your engagement with the lady-brains Network will be licensed to us in accordance with Section 6 of these Terms and Conditions.
3. LADY-BRAINS COURSES:
Upon signing up to lady-brains Courses or Programs and making payment of the relevant lady-brains Fees in accordance with Section 4, you will gain access to various written content, audio content, video content, information, seminars, workshops, tasks, tips, tools, models and services (“Course Materials”), which together constitute the course offered.
You acknowledge and agree that the information offered by us in delivering lady-brains Courses and generally through the lady-brains Network:
is offered for general information purposes;
is curated by us at our entire discretion from time to time;
does not purport to offer specialised tax, accounting, legal or therapeutic advice; and
is not a certified course and has no affiliation with or endorsement from any accredited university, college, school or TAFE.
You acknowledge that you are responsible for your own business, commercial and professional success, and you understand and agree that:
there are inherent risks associated with starting, owning or developing your own business and results can never be guaranteed;
lady-brains Courses are offered for the purpose of providing support, information and access to a network of other women that own or want to own their own business or commercial endeavour, and that by signing up for the lady-brains Courses, you will not be guaranteed any particular business, financial or professional outcome or result;
the illustrations and information provided in the Course Materials and otherwise in association with lady-brains Courses reflect concepts, theories, models, guidelines and ideas only and are not promises or representations of any actual or future performance or outcome;
any testimonials or statements provided by us, our directors, employees or assigns, published in the Course Materials or communicated in association with the lady-brains Network must not to be taken as a guarantee that you will achieve the same or similar results;
you must not sign up to lady-brains Courses in reliance on any illustration, information, testimonial or statement provided by us, our directors, employees or assigns; and
lady-brains, its directors, employees or assigns are in no way liable or responsible for your business, financial or professional decisions, acts or omissions, or any losses, damages, costs or claims that may arise from those decisions, acts or omissions.
Lady-brains Courses and the lady-brains Network has been established in order to provide you with access to support, information and a network of other women that own or want to own their own business or commercial endeavour. But you acknowledge and agree that:
we are in no way responsible for the content published, communicated or shared to the lady-brains Network by any other person or business, whether or not they have registered for lady-brains Courses or have their own User Account; and
you will not make decisions, take action or fail to act in reliance on the content, theory, model, ideas, information, illustrations, testimonials or statements of any other person or business, whether or not they have registered for lady-brains Courses or have their own User Account.
We may (but are not obligated to) do any or all of the following without notice to you:
investigate your access, use or engagement with lady-brains Courses and the Course Materials as we deem appropriate, to ensure compliance with any applicable law, regulation, government request or legal process; and
edit or alter lady-brains Courses, Course Materials or any functionality of the lady-brains Network, at our sole discretion.
4. FEES:
The relevant fees payable upon signing up for lady-brains Courses are listed on the lady-brains website
Other services, products and offerings may become available to registered members through the lady-brains Network from time to time, and all fees payable in relation to those services, products and offerings will be payable in accordance with these Terms and Conditions.
The fees payable under this Section:
are in Australian dollars unless otherwise specified;
exclude GST;
are fixed once your registration to a lady-brains Course has been confirmed, subject to payment being made at the time of purchase; and
may change, at our discretion, without notice.
You agree to pay the full lady-brains Course fee online at the time of registering for each lady-brains Course.
You agree to pay all fees payable in connection with a service, product and offering purchased through the lady-brains Network at the time of purchase.
We accept payment for online purchases by Stripe & Afterpay.
Payments via Stripe are subject to Stripe’s terms and conditions. Payments via Afterpay are subject to Afterpay’s terms and conditions. We are not responsible for any interruptions, disruptions or delays in these services or facilities.
If we invoice you for any part of the lady-brains Fees or for any amount in connection with the services, products or offerings purchased through the lady-brains Network, payment will be due and payable on or before the relevant due date specified on the invoice.
Where a third-party agent or entity collects or debits the lady-brains Fees on our behalf, you affirm that the above undertakings and representations are applicable in relation to that third party.
Upon receiving your payment of the relevant lady-brains Fees in full, we will send you a communication confirming your successful registration to the lady-brains Course or Program. Any other communication from us acknowledging your sign up or User Account is for information purposes only and does not put us under any obligation to provide access to the lady-brains Course until full payment can be confirmed.
You undertake and warrant that:
all information that you have provided for the purpose of signing up to the lady-brains Course is correct and not misleading;
you are fully entitled to use the payment card or account that you use to make payments; and
you have sufficient funds in your payment card or account to cover the lady-brains Fees or any fees payable in accordance with this Section.
We will take all reasonable steps to ensure or procure that all personal information in connection with billing is protected or encrypted, but to the extent permitted at law, we make no warranty about the reliability, completeness or fitness for purpose of any encryption or storage system used.
Other than as required by the Competition and Consumer Act 2010 (Cth), you acknowledge that we do not provide refunds for any lady-brains Fees paid by you in connection with services rendered by us in connection with lady-brains Courses, including without limitation where you have been provided with access to the Course Materials or the lady-brains Network, whether or not you have accessed them.
We reserve the right to:
suspend or terminate your access to lady-brains Courses if you fail to pay any part of the lady-brains Fees or other amounts payable by you in connection with your access to lady-brains Courses;
on-sell or authorise a debt collection agency or other authorised agency to collect any amount that is payable by you and has not been paid; and
inform credit watch monitoring services of ongoing defaults trends or payment avoiding strategies employed, at our discretion.
Any offers, discounts or specials on goods or services provided by us in connection with lady-brains Courses, will be provided at our absolute discretion and may be withdrawn or revoked at any time if your User Account is suspended or terminated for any reason, or if you are no longer a member of the lady-brains Network.
5. ACCEPTABLE USE AND PROHIBITED CONDUCT:
You acknowledge and agree that when accessing the lady-brains Network, you will not, inter alia:
access the lady-brains Network in breach of any applicable laws or regulations or these Terms & Conditions;
use the lady-brains Network to transmit (or permit transmission of) unsolicited emails, junk mail, spam, promotional materials or any other uninvited correspondence or form of solicitation to any third parties, including other members of the lady-brains Network;
attempt to alter, change, modify, adapt, translate, edit or reverse engineer any element of the lady-brains Network, the Course Materials or any other content contained therein;
use the lady-brains Network to send, use, publish or distribute any material which consists of or is linked to any spyware, malware, computer virus, Trojan horse, worm, keystroke logger, rootkit, robots, spiders or any other malicious software.
use or incorporate the lady-brains Network, the Course Materials or any other content contained therein, on any other website or other media without our prior written consent or the prior written consent of the relevant third party that owns or controls the content contained therein;
use the lady-brains Network, the Course Materials or any other content contained therein, in any manner that we may, in our sole discretion, consider unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;
use the lady-brains Network, the Course Materials or any other content contained therein in any manner that may, in any manner, damage, disable, overburden or impair the LSU Network;
use the lady-brains Network, the Course Materials or any other content contained therein in any way that we may, in our sole discretion, consider to be an infringement of any of our rights or any rights of any third parties;
use the lady-brains Network to solicit, harvest or collect any personal information, including, but not limited to usernames and passwords from any third parties by electronic or other means, with that parties express and informed consent or approval; or
use automated scripts to collect information from or otherwise interact with the lady-brains Network.
When posting, publishing, sharing or otherwise communicating Your Content or other content on the lady-brains Network, you will not:
infringe our rights or the rights of any third party, including in relation to copyright, trade mark, patent, trade secret or any other intellectual property or proprietary rights;
use or communicate content that is unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;
harass, degrade, intimidate or otherwise target an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
use or communicate information that may identify an individual without that person’s express and informed consent;
use or communicate information that may constitute or include information about an investment proposal or a pyramid scheme, and
use or communicate information about or on behalf of any other person or entity without their express, informed consent;
use or communicate information that misrepresents your affiliation with us or any third party;
use or communicate information that constitutes financial, legal, medical or other professional advice; and
contact other users directly without their express consent.
You agree that you will not use the lady-brains Network, for any other purpose other than its intended purpose, including, but not limited to:
use of the lady-brains Network for any non-approved commercial purposes;
the distribution of unsolicited commercial messages;
the sale of access to the lady-brains Network;
the use of the lady-brains Network for gaining advertising or subscription revenue without approval;
the sale of advertising on the lady-brains Network or any third-party website without approval; and
use of the lady-brains Network, or related resources for the purposes of competing with or displacing the market for the lady-brains brand.
You will not be involved in or contribute to, directly or indirectly, any conduct, activity, statement, accusation or claim that:
may harm, disparage, damage or diminish the reputation of lady-brains brand
brings lady-brains, our clients, affiliates, employees, contractors or assigns into public disrepute; or
defames lady-brains, our clients, affiliates, employees, contractors or assigns.
You agree to comply with any applicable “house rules” on the lady-brains Facebook Group or on any other platform in the lady-brains Network, and you will be respectful, professional and courteous at all times during the course of your engagement with other users on the lady-brains Network.
You agree that you will not share any personal videos or photographs on the lady-brains Network that are not directly related to your business or business idea.
You must not share any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You must not share content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
6. YOUR CONTENT:
You are solely responsible for Your Content, including without limitation any photographs, profiles, messages, comments, notes, text, website links, quotes, music, images, videos, audio, listings, or other content that you post, transmit, communicate, upload, distribute, store, create, publish, make available or otherwise share through the lady-brains Network.
By sharing Your Content, you automatically grant, and you represent and warrant that you have the right to grant, to us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence and right to use, distribute, copy, display, modify, translate, edit, exploit and commercialise Your Content for any purpose and in any media existing now or in the future in connection with the lady-brains Network.
When you share Your Content, you authorise us to make such copies thereof as we deem necessary in order to facilitate the storage and sharing of Your Content on the lady-brains Network.
Subject to the rights granted to us under these Terms and Conditions, you retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content.
You acknowledge and agree that when you post, publish, share or otherwise communicate Your Content via the lady-brains Network or on any public platform associated with the lady-brains Network, all other members or persons with access to the LSU Network will be able to access, view and respond to Your Content.
You agree to comply with Section 5 when you post, publish, share or otherwise communicate Your Content to the lady-brains Network.
Whilst we take no responsibility and accept no liability for Your Content or other content that may appear on or may be communicated via the lady-brains Network, we reserve the right to:
monitor use of the lady-brains Network; and
review, screen, monitor, remove, delete, edit reformat, reject or modify Your Content on the lady-brains Network, at our sole discretion.
You must not share information, content or materials that you did not create or that you do not have explicit permission to share or disclose on the lady-brains Network.
You are solely responsible at your sole cost and expense for creating backup copies and replacing Your Content.
You waive all moral rights or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity in Your Content or any content contributed by you to the lady-brains Network. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of us and the lady-brains Network and its nominated representatives, to any past, present and future doing of any act or omission in relation to Your Content or any content contributed by you to the lady-brains Network that may otherwise infringe or breach such rights.
7. INTELLECTUAL PROPERTY:
We are the sole and exclusive owner of the lady-brains Courses and Programs, the lady-brains Website and the Course Materials, including, but not limited to written content, visual or interactive elements, graphics, design, code, audio or video recordings, models, software, reports, copyrights, trademarks, logos, trade names, and other intellectual property rights throughout the world.
Except as expressly set out in these Terms and Conditions or as permitted under the Copyright Act 1968 (Cth), you do not have any rights, title or interest, including, but not limited to copyright, in or to any of the Course Materials or any content or information shared by us or a third party via the lady-brains Network.
Nothing in connection with the lady-brains Network should be construed as granting any right of use in relation to any intellectual property owned by us.
We grant to you a non-commercial, non-exclusive, non-transferable, revocable and limited licence to access and use the Course Materials for educational and general information purposes only. You may browse or print the Course Materials for educational and general information purposes, but you may not reproduce, exploit or use it for any other purpose, without obtaining the express, written consent of lady-brains.
For the avoidance of doubt, you may not use, reproduce, modify or otherwise exploit any part of the Course Materials or any content communicated by us in connection with the lady-brains Network to establish, develop, create, maintain or deliver, or assist in establishing, maintaining or delivering your own course, workshop, plan, seminar or network.
The trademarks, logos, and service marks displayed in connection with the lady-brains Network are the registered or unregistered trademarks of lady-brains. You may not use, reproduce, modify or otherwise exploit our trademarks, whether registered or unregistered, in connection with any product or service, without our express, written consent.
You may not use the Course Materials, any content shared via the lady-brains Network, or our trademarks, logos, and service marks in any manner that may mislead or deceive the public or cause confusion amongst consumers.
If we make content available for sharing or embedding on third party sites, the following terms will apply:
such content may not be used by you for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality made available through the lady-brains Network;
no rights whatsoever in any content are granted to you by virtue of our sharing and embedding functions, and we reserve all rights in relation to the content, including the right to delete or remove or to require users to delete or remove shared or embedded content for any reason in our absolute discretion;
notwithstanding the terms of this Section, we will not necessarily notify you of the decision to delete or remove shared or embedded content;
you must display sufficient contact information in order to allow us to make contact or request such removal;
if a request is made for you to remove shared or embedded content from your website, platform or application, you must comply promptly, but in any case, within one business day of the request being made; and
we do not make any warranty, representation or guarantee as to the availability or any quality of service of embedding functionality and may disable the functionality without notice.
To the extent that we have a right to seek a legal remedy in connection with this Section, you agree that we will have a right to injunctive relief and you be liable to pay our costs on a full indemnity basis if we are forced to take such action.
8. CONFIDENTIAL INFORMATION:
For the purpose of these Terms and Conditions, “Confidential Information” means information that is not disclosed to the public, including without limitation, sensitive information about a party’s financial affairs, business plans, clients, works in progress, products or services.
You agree not to disclose or use any Confidential Information received by you in relation to lady-brains Network, without our express written permission, except:
as required by law, upon providing notice to us of such disclosure; or
to solicitors or other professional advisers to obtain advice.
You agree not to disclose or use the Confidential Information of any person or third party received as a result of your engagement with the lady-brains Network, without the prior written permission of that third party, except:
as required by law, upon providing notice to us of such disclosure; or
to solicitors or other professional advisers to obtain advice.
You agree that the Course Materials are our confidential and proprietary information and must not be shared or disclosed outside of the lady-brains Network or your User Account, or to any person that does not have a User Account that permits them to access the lady-brains Network.
You agree that the testimonials, statements and experiences of other lady-brains members constitute Confidential Information and should not be disclosed without our express, written consent and the relevant person’s express, written permission.
To the extent that we have a right to seek a legal remedy in connection with this Section, you agree that we will have a right to injunctive relief.
9. WARRANTY:
You warrant and represent that:
you have full authority to enter into these Terms and Conditions;
you are at least 18 years of age or older;
all Your Content is original to you and will not infringe any rights of any third parties, including, but not limited to copyrights, intellectual property and moral rights; and
your Content does not breach these Terms and Conditions;
Your Content is not defamatory, abusive, harassing or an infringement on our rights or the rights of third parties;
you have the right to use Your Content and grant us a licence in relation to Your Content in accordance with Section 6;
you will not make any statement within or outside of the lady-brains Network, our clients, affiliates, employees, contractors or assigns into public disrepute;
you are not otherwise involved in and have not contributed to, directly or indirectly, any conduct, activity, statements accusation or claims that are prohibited by the Prohibited Conduct under Section 5; and
to the extent that you have any rights to seek a remedy in the event of a breach of these Terms and Conditions by us, your sole remedy will be an action at law for damages and you will in no event have a right to injunctive relief; and
you consider the terms and conditions of these Terms and Conditions to be reasonable and appropriate in light of each party’s interests.
We warrant and represent that:
we have full authority to enter into these Terms and Conditions;
all Course Materials are original to us or are properly licensed to us for the purpose of delivering lady-brains
the Course Materials are not defamatory, abusive, harassing or an infringement on your rights or the rights of third parties; and
we will not make any statement within or outside of the lady-brains Network, that brings you, your business, your clients, affiliates, employees, contractors or assigns into public disrepute.
10. SUSPENSION OR TERMINATION:
Without limiting any other remedy that may be available to us, we reserve the right to suspend or terminate your User Account and your access to lady-brains Courses and the lady-brains Network without notice if, in our sole discretion:
you have breached any of the provisions of these Terms and Conditions;
you have breached or violated any laws, rules, regulations, guidelines or third-party arrangements in connection with the lady-brains Network;
a failure by you to satisfy any eligibility or quality criteria required under these Terms and Conditions or communicated by us from time to time in order to maintain a User Account;
we are of the opinion that discontinuing or terminating your access to the lady-brains Network is reasonably necessary to protect the personal safety or property of us, our directors, employees, assigns or third parties’ members; and
allegations or charges are made against you in relation to any fraudulent or illegal activities.
We may discontinue, temporarily or permanently, lady-brains Courses or the lady-brains Network (or any part thereof) or terminate, suspend or limit your access to your User Account, with or without notice, for any of the following reasons (which are not intended to be exclusive):
a request by you;
requests by law enforcement or other government agencies;
discontinuance or material modification to lady-brains Network (or any part thereof);
technical or security issues or problems; and
maintenance periods; or
extended periods of inactivity.
Where appropriate we will give you the opportunity to rectify or resolve any breach or issue before suspending, terminating or limiting your User Account or your access to the lady-brains Network, but you acknowledge and agree that if your breach is material or is incapable of being rectified or resolved, we may suspend, terminate or limit your User Account or your access to the lady-brains Network with immediate effect.
We may store, keep or disclose any information that we collect about you (including personal information) in order to investigate compliance with the Terms and Conditions or for the purposes of any claim against you, police investigation or governmental request.
On suspension, termination or limitation of your User Account, you may not register a new User Account or access the Course Materials or the lady-brains Network through another member’s User Account.
You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your lady-brains Account or your access to the lady-brains Network.
To the fullest extent permissible at law, on termination of your User Account, Sections 5, 8.5, 8.6, 9, 10, 12.6 and 13 of these Terms and Conditions will survive and remain in full effect.
11. DISCLAIMER:
You access the lady-brains Network at your own risk.
To the extent permitted at law we exclude all conditions and warranties relating to your access to and use of the lady-brains Network that are not expressly set out in these Terms and Conditions.
All Course Materials are provided as education and general information only and should not be taken or relied upon as professional advice.
We take no responsibility and accept no liability for any content that is posted on or otherwise communicated to you via the lady-brains Network by any other user, member or third party. The information posted in our comments, including advice and opinions, is the responsibility of those members who create the posts and do not necessarily reflect the views of us, our directors, employees or assigns. Posts from users may contain information that is incorrect or dangerous. Please consult a qualified professional before relying on information you find in the lady-brains Network.
12. LIABILITY AND INDEMNITY:
Notwithstanding anything in these Terms and Conditions, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from your use of the lady-brains Network or your breach of these Terms and Conditions or any warranty included herein.
To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to:
in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or
in relation to goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired.
In no event will we be liable to you for any indirect, incidental, special or consequential losses or damage, including, but not limited to financial loss, loss of profits, revenue, goodwill, data, opportunity of whatever nature, corruption of date, or the cost of procurement of substitute products or services, howsoever arising in connection with your access to or reliance upon the Course Materials or the lady-brains Network.
15. MISCELLANEOUS:
These Terms and Conditions as well as the Privacy Policy constitute the entire agreement between you and us regarding your registration to lady-brains Courses and access to the lady-brains Network;
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
The headings and section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
You may not assign, transfer or otherwise sublicense your rights under these Terms and Conditions.
These Terms and Conditions shall operate to the fullest extent permissible at law. If any provision or provisions of these Terms and Conditions are determined to be unlawful, void or unenforceable, that provision shall be deemed to be severable from these Terms and Conditions, and shall not be deemed to affect the validity or enforceability of any remaining provisions.
These Terms and Conditions shall be governed and interpreted in accordance with the laws of Victoria, Australia, and the parties hereby agree and submit to the exclusive jurisdiction of the Courts of Victoria.
INFRINGEMENT NOTICE:
In particular, if you have a copyright infringement notification that you wish to make us aware of, you will need to identify the materials that you believe infringe your copyright, identify the protected copyright work, identify how the protected copyright work has been or is being infringed and include your contact information.
Please sign the notice and send it to hey@ladybrains.com.au