Hot Genius Society

MAIN CHARACTER MAKEOVER Terms & Conditions

 

Thank you for choosing MAIN CHARACTER MAKEOVER brought to you by Hot Genius Society!

These Terms and Conditions govern the relationship between the Parties. By clicking “accept” you agree to these Terms and Conditions.

These Terms and Conditions are read in conjunction with the information on the Product Page (Hot Genius Shop) (Program) or Course Information Page of the website (Information Page). The Information Page can be via the website.

  1.  Parties

You are the Client, and your details are set out on the Booking Page of the Website.

AND -

Christina Modaffari (ABN: 99 571 474 413) t/a Hot Genius Society of Wollert 3750 (Hot Genius Society).

Hot Genius Society offers a course focused on guiding people into loving themselves so they can become the most confident version of themselves titled MAIN CHARACTER MAKE-OVER (the Services/Course). The Course is a self-study course and you will receive access to for as long as the course exists. The Course (Service) is a product and there no refunds. You have engaged Hot Genius Society to provide the Program and Service.

 

 

 

 

  1.  The Engagement
    2.1.            Hot Genius Society agrees to perform the Services for You, for the Fee, Terms and on the Date/s as set out on the Information Page or agreed to in writing by the parties.
    2.2.            Hot Genius Society agrees to commence the Services on the Commencement Date, upon acceptance of the Invoice and these Terms and Conditions, and upon payment of the required Fee as invoiced to You.
    2.3.            The Commencement Date is outlined on the Information Page.
    2.4.            Hot Genius Society will occasionally work with you in a group setting to achieve your goals.
    2.5.            Both Parties agree that the Services will be provided online.
    2.6.            Hot Genius Society will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services (Refund).
  1.  Fee
    • You agree to pay Hot Genius Society the Fee as set out on the Product Page.
    • The Fee payable to Hot Genius Society to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by Hot Genius Society.
    • You agree to make Payment of the Fee via the Website, by the due date of your respective payment plan option.
    • In the event that any payment under this Agreement is not made in full on the due date, Hot Genius Society is entitled to charge You interest at the rate of 5% per annum, calculated daily.
    • You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Hot Genius Society for steps taken to enforce payment terms will be recoverable and payable by You.
    • Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
  2.  Cancellation and Termination.
    • The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Fee are non-refundable. If You are unable to attend a group session, you will not be provided with a refund.
    • For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Program, Hot Genius Society reserves the right to immediately collect all outstanding amounts of the Fee without notice by charging your method of payment, and your access to the Services will be revoked.
    • Hot Genius Society may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
    • Hot Genius Society reserves the right to terminate Your involvement in the Services for breach of this Agreement with 7 days’ notice by e-mail.
    • If Hot Genius Society terminates the Services, You agree to pay Hot Genius Society for the portion of the Services completed up to the date and time of termination.
    • Hot Genius Society will only provide You with a refund of the Fee in the event that Hot Genius Society is unable to continue to provide the Services (Refund).
  3.  Delivery of Course and License Information
    • Each payment for the Services grants to you access to the Program (Course) through Kajabi, the Course Portal (Course Portal).
    • When you purchase a Course through the Website, Hot Genius Society grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
    • The Licence is valid for the amount of months you choose to pay for the course (Licence Term). This means the Course will be viewable via the download link for those amount of months. After this time the Course will expire and you will no longer be able to access the Course.
    • The Courses are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.
    • The Services will be provided online using Zoom, or another platform as specified by Hot Genius Society from time to time (Communication Platforms). You consent to Hot Genius Society recording all calls, meetings and webinars hosted on the Communication Platforms (Recordings) and uploading the Recordings to the Membership Portal. The Recordings will not be used for any external purposes with the exception of marketing.
  4.  Warranty Period for the Services
    6.1. Hot Genius Society will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Hot Genius Society makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
    6.2.            The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled to cancel Your Service contract with Hot Genius Society, and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
  1.  Disclaimer
    • You are solely responsible for creating and implementing Your own business, marketing, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and Your group sessions and interactions with Hot Genius Society. As such, You agree that Hot Genius Society is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Services provided by Hot Genius Society.
    • You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
  2.  Liability and waivers

Liability

  • Hot Genius Society’s total liability arising out of or in connection with the Services or this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

Waivers

  • A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
  • The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
  1.  Disclosure and Use of Confidential Information
    • the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement has consented to the disclosure of such information to the professional adviser;
    • the disclosure is required by applicable law or regulation; or
    • if the confidential information is already in the public domain at no fault of Hot Genius Society.
    • All obligations of confidence set out in this Agreement continue in full force and effect after completion of services.
    • Hot Genius Society must not disclose any Confidential Information to any third party without your prior consent.
    • This Agreement prohibits the disclosure of Confidential Information by Hot Genius Society with exception to the following circumstances:
  1.  Copyright and Intellectual Property Rights

Intellectual Property Rights

  • You agree that any works, items, materials or information of whatever nature produced or developed by Hot Genius Society or under Hot Genius Society' s direction pursuant to or in the Course of providing the Services will remain the sole and complete property of Hot Genius Society, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
  • If You have fully complied with this Agreement and if the works, items, materials or information referred to in clause 10.1(a) have been produced by Hot Genius Society as part of the Services, Hot Genius Society grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
  • There is no assignment of Intellectual Property Rights by Hot Genius Society to You pursuant to this Agreement.
  • Nothing in this Agreement affects the Moral Rights in any works, items, materials or information supplied pursuant to this Agreement.

Indemnification

  • You hereby indemnify and agree to keep indemnified Hot Genius Society against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.
  1.  Force Majeure
    • If circumstances beyond Hot Genius Society’s control prevent or hinder its provision of the Services, Hot Genius Society is free from any obligation to provide the Services while those circumstances continue. Hot Genius Society may elect to terminate this Agreement or keep the Agreement on foot until such circumstances have ceased.
    • Circumstances beyond Your Hot Genius Society’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
    • For the sake of clarity, if in Hot Genius Society’s reasonable opinion, the provision of the Services will be affected by a pandemic, Hot Genius Society may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Hot Genius Society will not be liable for any losses or damage due to a pandemic. If You choose to terminate an agreement due to a pandemic, clause 2 will apply.
  2.  Dispute Resolution & Mediation

We hope that a dispute between us does not arise, however in the unlikely event that it does, the following clause will apply.

  • If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • A party to this Agreement claiming a dispute (Dispute) has arisen under the terms of this Agreement, 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 (Notice).
  • On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.
  • If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria, Australia.
  • It is agreed that mediation will be held in Victoria, Australia, with the venue to be agreed.
  • The parties agree to be equally liable for the Fee and reasonable expenses of a mediator and the cost of the venue of the mediation and 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.
  • All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
  • In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.
  1.  Marketing

You agree that any testimonials that may be provided by you from time to time may be used by Hot Genius Society for marketing purposes.

  1.  No partnership or agency

Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

  1.  Governing Law & Jurisdiction
    • This Agreement is governed by the laws of Victoria, Australia.
    • In the event of any dispute arising out of or in relation to the Services, Hot Genius Society agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.
  2.  Severance

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

  1.  Entire Agreement and Modifications

Both You and Hot Genius Society confirm and acknowledge that this Agreement, the Membership Payment Terms & Conditions, the Product Page and the Information Page of the website constitute the entire Agreement between You and Hot Genius Society and shall supersede and override all previous communications, either oral or written, between the parties.