Terms of Sale

The purchase by you of any products or services offered by McLardy Pty Ltd (ACN 161 384 532) as trustee for the McLardy Family Trust trading as Liz McLardy (ABN 37 358 190 982) (“Liz McLardy”, “us” or “we”) on the website www.lizmclardy.com (the “Site”) is subject to these terms and conditions of sale (“Terms of Sale”). It is important that you read and understand the following Terms of Sale. By placing an order for the Products you accept and are bound by these Terms of Sale.

Certain legislation in Australia may provide consumer guarantees or impose obligations on Liz McLardy which cannot be excluded, restricted or modified, or only to a limited extent. These Terms of Sale are subject to such legislation, including without limitation the Australian Consumer Law.

General

These Terms of Sale apply to the purchase of products and services from the Site.

These Terms of Sale may be amended periodically by Liz McLardy and you will be deemed to have accepted any amendments if you place an order for any products or services after those amendments have been posted.

Purchase of Products or Services

All prices are in Australian Dollars and inclusive of GST, unless otherwise indicated.

The products and services offered by Liz McLardy on the Site are as outlined on the Site at the date of purchase. Liz McLardy reserves the right to make changes to any of the products or services, including to the price of the products or services, from time to time.

By submitting an order you warrant that:

you are capable of entering into a legally binding contract with Liz McLardy,
you are authorised and able to make payment via the method you have chosen,
the information you have provided is correct, and
your purchase is not made for the purpose of commercial resale.

A contract for purchase is only formed once we have accepted an order by issuing a receipt number.

All payments are processed through PayPal. Using the PayPal platform, payment can be made from your bank account, a valid credit card (Amex, Visa, and MasterCard) or a debit card. Full payment is due at the time the order is placed unless otherwise agreed in writing with Liz McLardy.

PayPal’s terms and conditions apply to all payments processed through PayPal. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of PayPal.

Delivery of Products or Services

If you have purchased a multi-session program, the sessions and program material will be provided as outlined on the Site at the date of purchase.

If you have purchased an individual consultation (including a Money-Session), the consultations will take place as scheduled with Liz McLardy.

If you have purchased a downloadable product (including an E-Course):

Delivery will occur immediately upon successful receipt of cleared funds. However Liz McLardy is not liable for any loss arising from delays in delivery, or failure to deliver, due to any technical issues
You are responsible for ensuring that your computer is capable of downloading and/or playing the product(s).

If you have purchased a physical product:

Liz McLardy shall deliver the products purchased to the shipping address designated by you. Any dates quoted by Liz McLardy for the delivery of the products are approximate only and shall not form part of the contract between Liz McLardy and you. Liz McLardy shall not be liable for any delay in delivery of the products, howsoever caused.
Title to and risk in the products passes to you upon shipment of the products from our location to your specified address.

Cancellation & Refund policy

Multi-Session Programs
We do not offer refunds, credits, or make up classes for missed sessions of a Multi-session program. However, you will still receive the program material related to the missed session.

If you choose to withdraw from a multi-session program at any stage, you must notify Liz McLardy in writing immediately. At its sole discretion, Liz McLardy may choose to offer you with a partial credit or refund, taking into account both the number of weeks remaining in the course and the amount of course material provided to you. The amount of the partial credit or refund will be calculated by Liz McLardy at its sole discretion.

In the event that Liz McLardy needs to cancel a session for any reason, Liz McLardy will notify you of the date of the rescheduled session.

Individual Consultations
If you have purchased an individual consultation:

You acknowledge and agree that it is your responsibility to provide Liz McLardy with a minimum of 48 hours’ advanced notice in writing if you need to cancel a scheduled consultation. If the required notice has been provided, Liz McLardy will arrange with you to reschedule the consultation.
If you fail to provide the minimum required notice, you acknowledge and agree that you have waived your entitlement to that consultation.

In the event that Liz McLardy needs to cancel an individual consultation, Liz McLardy will make best endeavours to reschedule your consultation within 14 days from the date of the cancelled session or a full refund will be provided.

E-Courses & other downloadable products:
E-Courses and other downloadable products are non-refundable once downloaded. If you encounter any problems downloading an E-Course or other downloadable products, please contact us at [email protected].

Physical products
If you have purchased a physical product:

If the product is faulty, wrongly described, or different from the sample shown then we will meet our legal obligation which may include refunding the purchase price and delivery charges, or providing a replacement product, provided the item is returned within a reasonable time.
Liz McLardy does not refund for change of mind.

User Accounts

In order to purchase the products or services from this Site you may need to set up an account on the Site (“User Account”).

To create a User Account, you must provide us with your full name, email address and a password.

Maintaining the security of your User Account is important to us. You agree that you will maintain the confidentiality of your User Account (including password), and you will not allow or authorise any other person to use your User Account.

You must not access or attempt to access the User Account of any other user of the Site.
We reserve the right to terminate your User Account at any time if we believe in our sole discretion that you have breached any of these Terms of Sale.

User Content

The purchase of some products or services from this Site may include an invitation to participate in a private Facebook group (the “Facebook Group”) or other online portal with other clients of Liz McLardy. The Facebook Group and any online portal may contain the personal opinions and expressions of the other clients. Such opinions, expressions and other content published on the Facebook Group or online portal may not be screened, moderated or reviewed by us and, in no circumstances, are approved or endorsed by us.

By posting to or viewing the Facebook Group or any other online portal (“User Content”), you agree that we are not responsible or liable for the content of any postings.

The Facebook Group is in no way sponsored, endorsed or administered by, or associated with Facebook. Facebook membership and the use of Facebook generally is subject to the Facebook prevailing terms and conditions of use available at www.facebook.com.

You agree your User Content, and your conduct on the Facebook Group and any online portal will not:

include obscene or offensive language or images (such as pornography or nudity);
defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
promote violence;
violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
attempt to or impersonate any other party;
trick, defraud, deceive or mislead other users;
raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme;
disparage, tarnish, or otherwise harm, in Liz McLardy’s opinion, Liz McLardy.
violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Liz McLardy on the Facebook Group or other online portal;
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party’s uninterrupted use and enjoyment of the Facebook Group or other online portal, or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Facebook Group or other online portal;
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”); and/or
disguise or mislead as to the source(s) of your User Content or other information you submit to the Facebook Group or other online portal.

We reserve the right to remove any content in breach of clause 28 from the Facebook Group or other online portal at our sole discretion, but are not required to do so. If we do remove content you have posted, we may not notify you we have done so. You acknowledge that we do not screen or moderate all content posted to the Facebook Group or other online portal by users.

You must not alter, damage or delete any content on the Facebook Group or other online portal of which you are not the author, unless you have express permission from the author to do so.

Intellectual Property

All content and other materials available in the programs, individual consultations, e-courses or other downloadable products are owned by or licensed to us and are protected by intellectual property rights. You agree to abide by all copyright notices and other restrictions contained in the programs, individual consultations, e-courses or other downloadable products. We grant you a non-exclusive, non-transferable licence to access and view the programs, individual consultations, e-courses or other downloadable products for personal, educational and non-commercial use as permitted by these Terms of Sale.

You must not modify, copy, reproduce, republish, or display any content from the programs, individual consultations, e-courses or other downloadable products and represent it as your own (including by framing pages from the products), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly authorised in writing by us and, where relevant, any third party owner or rights holder.

Unless we notify you otherwise in writing, you are not authorised to use any of our trade marks, or any third party trade marks.

Third Party Content

Programs, individual consultations, e-courses and other downloadable products may link to third party Sites or provide third party content that we do not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any third party content or third party site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties. Your correspondence and business dealings with others found on or through the programs, individual consultations, e-courses or other downloadable products including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party.

Privacy

Your privacy is very important to us.

These Terms of Sale must be read in conjunction with our Privacy Policy. We undertake to comply with the terms of our Privacy Policy.

You acknowledge and agree that personal information and sensitive information you submit to us on the Site will be handled by us in accordance with the Privacy Policy, applicable laws and the terms set out in this section.

By setting up a User Account, you grant us an ongoing consent to promote and market our products and services and to make other offers to you (including by email). You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish us to contact you or you would like us to stop contacting you for promotional or marketing purposes, please contact us using the contact details set out in our Privacy Policy. You agree that as a holder of a User Account, you will be automatically added to our email newsletter for product and promotional updates. If you do not wish to receive these newsletters, you will be given the option to unsubscribe in the newsletter.

Confidentiality

You agree that you will keep confidential the personal information of other participants taking part in a group session, the Facebook group or other online portal. “Personal information” refers to information that may be used to determine the identity of another group member such as the name of a group member, the name of other family members, email addresses, home address, or phone number.

You acknowledge and agree that this confidentiality obligation survives termination of this contract.

Warranties, liabilities and disclaimer

Liz McLardy excludes any condition or warranty, unless it is expressly set out in these Terms of Sale or is by law incapable of exclusion, restriction or modification.

Liz McLardy will under no circumstances be liable for any indirect, incidental or consequential loss or damage arising in relation to any transaction entered into, or products or services purchased, through this Site.

The information provided in the programs, individual consultations, e-courses or other downloadable products is general information only. It has been prepared without taking into account your objectives, financial situation or needs. Before acting on information provided in the programs, individual consultations, e-courses or other downloadable products, you should consider the appropriateness of the information, having regard to your own objectives, financial situation and needs.

Liz McLardy disclaims all and any guarantees, undertakings and warranties, expressed or implied, and shall not be liable for any loss or damage whatsoever (including human or computer error, negligent or otherwise, or incidental or consequential loss or damage) arising out of or in connection with any use or reliance on the information or advice . You accept sole responsibility associated with the use of the information provided in programs, individual consultations, e-courses or other downloadable products, irrespective of the purpose for which such use or results are applied. The information on this website is no substitute for financial advice.

Information provided in programs, individual consultations, e-courses or other downloadable products is not intended to be a substitute or replacement for professional advice by legal, medical, mental health or other qualified professionals. You should not rely on this information to diagnose or treat a health problem or disease without consulting with a qualified healthcare provider.

Except where required or implied by legislation and which cannot be excluded, Liz McLardy is not responsible for any loss or damage that you may suffer as a result of the use of our products or services. Your participation and use of such products and services is voluntary and undertaken solely at your own risk.

General

You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

These Terms constitute the full and complete agreement between the parties relating to the subject matter contained in these Terms and supersede any and all previous Terms, understandings, negotiations and representations between the parties in respect of all matters dealt with in this Terms.

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

These Terms are governed by the laws of Queensland, Australia and each party submits to the exclusive jurisdiction of the courts of Queensland, Australia.

Last updated: 23 February 2021