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1. About the Website
(a) Welcome to hayleyhall.com.au / hub-hayleyhall.com.au (the ‘Website’).
The Website provides you with an opportunity to browse and purchase various
products that have been listed for sale through the Website (the ‘Products’).
The Website provides this service by way of granting you access to the content
on the Website (the ‘Purchase Services’).
(b) The Website is operated by Hayley Hall Speaking & Training(ACN 645690839).
Access to and use of the Website, or any of its associated Products or Services, is
provided by Hayley Hall Speaking & Training. Please read these terms and
conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website,
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 Website, or any
of Services, immediately.
(c) Hayley Hall Speaking & Training reserves the right to review and change any of
the Terms by updating this page at its sole discretion. When Hayley Hall Speaking
& Training 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
(a) You accept the Terms by remaining on the Website. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made
available to you by Hayley Hall Speaking & Training in the user interface.
3. Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use of the
Purchase Services, you may be required to provide personal information about
yourself (such as identification or contact details), including:
(i) Email address
(ii) Password
(b) You warrant that any information you give to Hayley Hall Speaking & Training in
the course of completing the registration process will always be accurate, correct
and up to date.
(c) 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. As a
Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Hayley Hall
Speaking & Training; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase
Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;
(iii) 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 Purchase Services;
(iv) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Hayley Hall
Speaking & Training of any unauthorised use of your password or email
address or any breach of security of which you have become aware;
(v) 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 Hayley Hall
Speaking & Training providing the Purchase Services;
(vi) you will not use the Purchase 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;
(vii) 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 Purchase Services. Appropriate legal action will
be taken by Hayley Hall Speaking & Training for any illegal or unauthorised
use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you
will agree to the payment of the purchase price listed on the Website for the
Product (the ‘Purchase Price’).
(b) Payment of the Purchase Price may be made through Stripe (the ‘Payment
Gateway Provider’). In using the Purchase Services, you warrant that you have
familiarised yourself with, and agree to be bound by, the applicable Terms and
Conditions of Use, Privacy Policy and other relevant legal documentation provided
by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by Hayley Hall Speaking
& Training, you will be issued with a receipt to confirm that the payment has been
received and Hayley Hall Speaking & Training may record your purchase details
for future use.
(d) Hayley Hall Speaking & Training may, at their sole discretion, provide a refund on
the return of the Products within the time frames stipulated below where you are not satisfied with your purchase. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
i) Mastermind Programs – Refund provided if not satisfied within 30 days from date of purchase – no refunds after 30 days.
ii) Stand-alone Coaching Sessions – including but not limited to “The Niche Lab”, business coaching sessions – Refund provided if not satisfied within 24 hours of the session finishing – no refunds after 30 days.
iii) Digital Courses – including but not limited to “The evergreen Content Creation Machine”, “Time Mastery”, “Business Planning Mastery” – Refund provided if not satisfied within 48 hours of your purchase (and having not consumed more than the second module) – no refund after 48 hours or if you have consumed more than 2 modules.
6. Warranty
(a) Hayley Hall Speaking & Training’s Products come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a replacement or
refund for a major failure of the Product and compensation for any other
reasonably foreseeable loss or damage. You are also entitled to have the
Products repaired or replaced if the Products fail to be of acceptable quality and
the failure does not amount to a major failure (the ‘Warranty’).
(b) You may make a claim under this clause (the ‘Warranty Claim ‘) for material
defects and workmanship in the Products within 30 days from the date of
purchase (the ‘Warranty Period’).
(c) In order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to Hayley Hall Speaking & Training showing the date of
purchase of the Products, provide a description of the Products and the price paid
for the Products by sending written notice to Hayley Hall Speaking & Training by email at support@hayleyhall.com.au.
(d) Where the Warranty Claim is accepted then Hayley Hall Speaking & Training will,
at its sole discretion, either repair or replace any defective Products or part thereof
with a new or remanufactured equivalent during the Warranty Period at no charge
to you for parts or labour. You acknowledge and agree that you will be solely liable
for any postage or shipping costs incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by Hayley Hall
Speaking & Training and shall be the sole and exclusive remedy available to you in
addition to other rights and under a law in relation to the Products to which this
warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to
the additional excluded items set forth below nor to any supplied Products where
the exterior of which has been damaged or defaced, which has been subjected to
misuse, abnormal service or handling, or which has been altered or modified in
design or construction.
7. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Hayley Hall
Speaking & Training 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 site
content and compilation of the website (including text, graphics, logos, button
icons, video images, audio clips and software) (the ‘Content’) are owned or
controlled for these purposes, and are reserved by Hayley Hall Speaking &
Training or its contributors.
(b) Hayley Hall Speaking & Training retains all rights, title and interest in and to the
Website and all related content. Nothing you do on or in relation to the Website will
transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Hayley Hall Speaking &
Training; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of Hayley Hall Speaking &
Training 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 Content or third party content for any purpose.
This prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
8. Privacy
(a) Hayley Hall Speaking & Training takes your privacy seriously and any information
provided through your use of the Website and/or the Purchase Services are
subject to Hayley Hall Speaking & Training’s Privacy Policy, which is available on
the Website.
9. General Disclaimer
(a) You acknowledge that Hayley Hall Speaking & Training does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding the
Products other than provided for pursuant to these Terms.
(b) Hayley Hall Speaking & Training will make every effort to ensure a Product is
accurately depicted on the Website, however, you acknowledge that sizes, colours
and packaging may differ from what is displayed on the Website.
(c) Nothing in these 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.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(ii) Hayley Hall Speaking & Training 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 Purchase Services or these Terms (including as
a result of not being able to use the Purchase Services or the late supply of
the Purchase Services), whether at common law, under contract, tort
(including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of Hayley Hall
Speaking & Training , is at your own risk. Everything on the Website, the Purchase
Services, and the Products of Hayley Hall Speaking & Training, are provided to
you on an “as is” and “as available” basis, without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents, contributors,
third party content providers or licensors of Hayley Hall Speaking & Training make
any express or implied representation or warranty about its Content or any
products or Purchase Services (including the products or Purchase Services of
Hayley Hall Speaking & Training) referred to on the Website. This includes (but is
not restricted to) loss or damage you might suffer as a result of any of the
following:
(i) 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;
(ii) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(iv) the Content or operation in respect to links which are provided for the
User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
10. Limitation of Liability
(a) Hayley Hall Speaking & Training’s total liability arising out of or in connection with
the Purchase Services or these Terms, however arising, including under contract,
tort (including negligence), in equity, under statute or otherwise, will not exceed
the most recent Purchase Price paid by you under these Terms or where you have
not paid the Purchase Price, then the total liability of Hayley Hall Speaking &
Training is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that Hayley Hall Speaking & Training, its
affiliates, employees, agents, contributors, third party content providers 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.
(c) Hayley Hall Speaking & Training is not responsible or liable in any manner for any
site content (including the Content and Third Party Content) posted on the
Website or in connection with the Purchase Services, whether posted or caused
by users of the website of Hayley Hall Speaking & Training, by third parties or by
any of the Purchase Services offered by Hayley Hall Speaking & Training.
11. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Hayley Hall
Speaking & Training as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Hayley Hall Speaking & Training at any time; and
(ii) closing your accounts for all of the Purchase Services which you use,
where Hayley Hall Speaking & Training has made this option available to
you.
(c) Your notice should be sent, in writing, to Hayley Hall Speaking & Training via the
‘Contact Us’ link on our homepage.
(d) Hayley Hall Speaking & Training may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) Hayley Hall Speaking & Training is required to do so by law;
(iii) the partner with whom Hayley Hall Speaking & Training offered the
Purchase Services to you has terminated its relationship with Hayley Hall
Speaking & Training or ceased to offer the Purchase Services to you;
(iv) Hayley Hall Speaking & Training is transitioning to no longer providing the
Purchase Services to Users in the country in which you are resident or from
which you use the service; or
(v) the provision of the Purchase Services to you by Hayley Hall Speaking &
Training is, in the opinion of Hayley Hall Speaking & Training, no longer
commercially viable.
(e) Subject to local applicable laws, Hayley Hall Speaking & Training reserves the right
to discontinue or cancel your membership to the Website at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the
Website or the Purchase Services without notice if you breach any provision of the
Terms or any applicable law or if your conduct impacts Hayley Hall Speaking &
Training’s name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Hayley Hall Speaking & Training have benefited from, been subject to
(or which have accrued over time whilst the Terms have been in force) or which
are expressed to continue indefinitely, shall be unaffected by this cessation, and
the provisions of this clause shall continue to apply to such rights, obligations and
liabilities indefinitely.
12. Indemnity
(a) You agree to indemnify Hayley Hall Speaking & Training, its affiliates, employees,
agents, contributors, third party content providers and licensors from and against:
(i) 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 any Content you post through the
Website;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(iii) any breach of the Terms.
13. Dispute Resolution
(a) Compulsory:
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).
(b) Notice:
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.
(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(i) Within 14 days days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
(ii) If for any reason whatsoever, 14 days 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 his or
her nominee;
(iii) 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;
(iv) The mediation will be held in Adelaide, Australia.
(d) Confidential:
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.
(e) Termination of Mediation:
If 2 weeks 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.
14. Venue and Jurisdiction
(a) The Purchase Services offered by Hayley Hall Speaking & Training is intended to
be viewed by residents of Australia. 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 South Australia, Australia.
15. Governing Law
(a) The Terms are governed by the laws of South Australia, 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 South Australia Australia,
without reference to conflict of law principles, notwithstanding mandatory rules.
Approved by
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.
16. Independent Legal Advice
(a) 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.
17. Severance
(a) 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.
Hayley Hall
CEO of Hayley Hall Speaking & Training PTY LTD