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At Leaders in Business, we’re committed to making our working relationship clear and straightforward. This includes:
Welcome to the Leaders in Business website (the Website), which is owned and operated by Leaders in Business Pty Ltd A.C.N.158 134 279 (we, us, our, or Leaders in Business). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.
We reserve the right to amend the Terms of Use at any time.
We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.
We may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.
In relation to the Website, you must not:
use the Website for any activities, sales or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
use the Website to send unsolicited email messages;
in any way tamper with, hinder or modify the Website;
knowingly transmit any viruses or other disabling features to the Website or via the Website; or
attempt any of the above acts or facilitate or assist another person to do any of the above acts.
The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under licence by Leaders in Business and protected by Australian and international laws.
Your use of the Website does not grant you a licence or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.
We own the copyright, which subsists in all creative and literary works that are displayed on the Website.
You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.
reproduce or use any of the material on the Website for commercial purposes, including sale;
in any way modify the material on the Website; or cause any of the material on the Website to be framed or embedded in another website.
In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.
In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.
The Website may contain hyperlinks and other pointers to websites operated by third parties (Linked Websites). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.
We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.
All information displayed on the Website are general resources only. We intend for the information on the Website to only serve as a general overview on matters of interest. The information on the Website is not intended to be comprehensive, nor does it constitute business advice, or any other type of advice, in any way. We attempt to ensure that the content is current and accurate but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the information on the Website.
By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your Statutory Rights). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
All material on the Website is provided to you without warranties of any kind, either express or implied; we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose; we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on tour part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:
In the case of services supplied or offered by us:
the resupply of the services; or
the payment of the cost of having the services resupplied.
In the case of goods supplied or offered by us:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the costs of replacing the goods or acquiring equivalent goods; or
the payment of the costs of having the goods repaired.
By agreeing to and accepting the Terms of Use, you also agree to our Privacy Policy.
The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.
We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in the Terms of Use are reserved.
If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
The Terms of Use are governed by and construed in accordance with the laws of the State of Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
A. This agreement sets out the terms and conditions on which Leaders in Business Pty Ltd ACN 656 888 130 (“we” or “us”) provides you (“you”) with services (“Agreement”).
B. You accept the terms of this Agreement by enrolling in the Training Program (as defined in clause 1 of this Agreement) and/or by paying the Training Fees (as defined in clause 3 of this Agreement).
C. We reserve the right to amend the terms of this Agreement at any time. Any such amendments shall be deemed effective immediately upon informing you of such amendments. Your continued use of our Services (as defined in clause 1 of this Agreement) and/or continued participation in the Training Program shall constitute your acceptance of the amended Agreement terms.
D. This Agreement encompasses our Website Terms of Use (accessible here: https://leadersinbusiness.com.au/terms/) and our Privacy Policy (accessible here: https://leadersinbusiness.com.au/privacy-policy/). In the event of a conflict between the terms of this Agreement and either our Website Terms of Use or our Privacy Policy, the terms of this Agreement shall take precedence.
1.1 We offer different levels of membership and training programs, with each service containing different content and inclusions and attracting different fees. The Training Program:
a) is run for a period of three (3) days, on the available dates chosen by you upon your enrolment (“Duration”); and
b) costs AUD $10,000 (excluding GST) (“Training Fees“). From time to time, we may run promotions or provide discount rates, at our discretion. If we agree in writing with you to apply such a rate, that agreed rate will be deemed to be the “Training Fees” for the purpose of this Agreement.
1.2 The following services are provided by us to you for the Duration (“Services”):
| Service Type | Description |
| Training Program services | Access to the services provided within the training program, as detailed on our website (“Training Program”). |
2.1 Your enrolment commences upon your acceptance of the terms of this Agreement.
2.2 Subject to the terms of this Agreement, you will have access to the Services for the chosen dates of your Training Program, unless your Training Program is terminated in accordance with this Agreement.
2.3 By agreeing to the terms of this Agreement, you represent and warrant that you:
a) are at least 18 years of age; and
b) will only use the Material (as defined in clause 6.4 of this Agreement) and our Website (as defined in clause 11.1 of this Agreement) lawfully and in accordance with the terms of this Agreement.
3.1 The fees for our Services will be invoiced to you upon entering into this Agreement at the rate of the Training Fees and payable within seven (7) days of the date of the invoice (“Invoice”).
3.2 If any Training Fees have not been paid by the due date of payment stated on the Invoice, we may suspend performance of our Services to you (including access to the Training Program) until the amount outstanding is paid in full. If the amount outstanding is not paid within seven (7) days of the due date, we reserve the right to terminate this Agreement without notice.
3.3 Notwithstanding any other provision of this Agreement, all Training Fees and/or such other amounts stated on an Invoice must be paid at least seven (7) days prior to commencement of the Training Program. We reserve the right to terminate this Agreement without notice in the event that we do not receive full payment of an Invoice by this time.
4.1 Without limiting any other provision of this Agreement, Training Fees:
a) may be refunded to you (if already paid) if you inform us in writing not less than fourteen (14) days prior to commencement of the Training Program that you wish to cancel your enrolment in the Training Program. In this case, an administration fee of $250 is payable by you to us. Where Training Fees have been paid, we will retain the administration fee of $250 and refund the balance of the Training Fees to your nominated account; or
b) are non-refundable (if already paid) or immediately due and owing (if not already paid) for any cancellation within fourteen (14) days prior to the commencement date of the Training Program or for any cancellation of enrolment on or after commencement of the Training Program.
5.1 In addition to any other provision of this Agreement, we may terminate this Agreement:
a) immediately by notice to you if you are in breach of the terms of this Agreement and the breach is incapable of remedy;
b) immediately by notice to you if we have given you notice of your breach of this Agreement and you have failed to remedy the breach within seven (7) days of such notice; or
c) immediately by notice to you if you are declared insolvent, bankrupt, under administration or receivership, deemed to be any of the foregoing, or otherwise unable to pay your debts as and when they fall due and payable.
5.2 If termination occurs under section 5.1, you will be required to pay, within seven (7) days of termination, any outstanding amounts owing to us as if clause 4.1 of this Agreement applied. For the sake of clarity, those amounts being:
a) if termination occurs more than fourteen (14) days prior to commencement of the Training Program, a $250 administration fee is payable by you to us; or
b) if termination occurs within fourteen (14) days from the commencement date of the Training Program, or on or after the commencement date of the Training Program, the full amount of the Training Fees (or such amount which may be outstanding) are payable by you to us.
5.3 Termination of this Agreement for any reason will not extinguish or otherwise affect any rights of either party against the other which:
a) accrued prior to the date of the termination; or
b) otherwise relate to or may arise at any future time from any breach or non-observance of obligations under this Agreement which arose prior to the date of the termination.
5.4 Clauses 5 (Termination), 6 (Intellectual Property), 7 (Confidential Information), 8 (Indemnity), 9 (Limitation of liability) and 13 (Notices) of this Agreement shall survive termination or expiry of this Agreement.
6.1 All Intellectual Property used as part of our Services is owned or under licence by us and protected by Australian and/or international laws.
6.2 Our “Intellectual Property” includes, without limitation:
a) patents, copyright, registered and unregistered design rights, registered and unregistered trademarks, code, algorithms, audio and visual content, images, photographs, ideas, methods, trade secrets, secret or confidential operations and processes, rights in know-how and Confidential Information and all other proprietary and industrial rights relating to our business resulting from intellectual activity;
b) all similar or analogous rights existing under the laws of any country; and
c) all rights to apply for or register such rights.
6.3 Your use of our Services does not grant you a licence or act as a right to use of any of our Intellectual Property, whether registered or unregistered, other than as permitted by this Agreement or with our express written permission.
6.4 We own or hold a licence for the copyright which subsists in all creative and literary works that are made available to you by us in the provision of the Services through any document, video recording, audio recording, dialogue, digital media or any other format (“Material”).
6.5 Unless expressly agreed by us in writing, you must not:
a) reproduce or use any of the Material for commercial purposes, including sale;
b) in any way modify the Material; or
c) cause any of the Material to be disclosed to any third party.
6.6 In summary, you must not modify, copy, reproduce, republish, upload to a third party, post, transmit, use, adapt, create derivative words of, decompile, disseminate, reverse engineer, translate, merge or distribute any of the Intellectual Property, including the Material, that is used as part of our Services in any way except as expressly provided for by us or expressly authorised in writing by us.
7.1 We may disclose our Confidential Information to you in the course of providing our Services.
7.2 You agree that our Confidential Information must be treated as and remain confidential to you, and you must not disclose, replicate or reuse in whole or in part our Confidential Information for any reason other than in accordance with the terms of this Agreement.
7.3 If this Agreement is terminated for any reason, you must immediately return to us or immediately destroy (at our election) all Confidential Information disclosed to you.
7.4 “Confidential Information” means all information in any way relating to us or our business including, without limitation:
a) information provided as part of our Services;
b) our marketing and technical information;
c) our business and strategic plans;
d) our processes, tools, templates, mechanisms and methodologies used in our business (including our analysis questions); and
e) our financial information.
8.1 By using our Services, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your breach of the terms of this Agreement.
8.2 Subject to this clause 8, each party (“first party”) will indemnify the other party (“second party”) against all losses, damages, liabilities, claims, demands, judgments, expenses, costs, interest, fees, penalties, fines, assessments and forfeiture of whatever description (whether actual, contingent or prospective) (“Liability”) incurred by the second party arising out of or in connection with:
a) any injury to persons, and any loss or damage to the second party’s (or a third party’s) property (real or personal) caused by any fraud, willful misconduct, or negligent or wrongful act or omission of or by the first party or any officer, employee, agent or contractor of the first party; or
b) any breach of the warranties or terms of this Agreement by the first party,
except to the extent that the Liability is the result of, or attributable to, any fraud, willful misconduct, or negligent or wrongful act or omission of the second party or any third party, provided that the first party does not Control (as that term is defined in section 50AA of the Corporations Act 2001) such third party.
8.3 Notwithstanding any other provision of this Agreement, we will not be liable to you for any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information or, without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.
9.1 Where legislation implies in this Agreement any warranty, condition, or liability which cannot be excluded or modified then:
a) that warranty, condition, or liability is included in this Agreement to the minimum extent required; and
b) to the maximum extent permitted by law, our liability for a breach of such a warranty, condition, or liability is limited, at our option, to either the provision of the Services or the payment of the cost of having those Services provided.
9.2 We will not be liable in any event for any indirect or consequential loss or damage of any kind whatsoever including, but not limited to, consequential or economic loss or loss of profits arising from any breach of this Agreement, our negligence or otherwise, or the negligence or otherwise of our officers, employees, agents or contractors arising out of or in connection with our provision of the Services.
9.3 For all other of our liabilities under this Agreement which have not been excluded or limited by this clause 9, whether arising from any breach of this Agreement or negligence or otherwise, that liability (to the maximum extent permitted by law) will not exceed in aggregate the total amount paid by you in the 6 months prior to the Liability arising.
9.4 If we do not act, or if we delay in acting, in relation to a breach of this Agreement by you, this shall not be construed as a waiver of our rights to exercise or enforce any right or provision of this Agreement. Any such right may only be waived if it is done so in writing and signed by us. No other conduct by us operates as a waiver of the right or otherwise prevents the exercise of the right.
10.1 You agree that we must collect your personal information in order to provide our Services, arrange payment of the Training Fees and otherwise comply with this Agreement. We collect and store personal information in accordance with the Privacy Act 1988 (Cth) and our privacy policy which may be accessed on our website at https://leadersinbusiness.com.au/privacy-policy/.
11.1 In accessing our website at www.leadersinbusiness.com.au including the Online Portal (“Website”), you agree to be bound by our Website Terms of Use which may be accessed on our Website at https://leadersinbusiness.com.au/terms/.
11.2 We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in our Website may not be legal by certain persons or in certain countries. If you access our Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
11.3 You acknowledge and accept that:
a) from time to time we may remove Material from the Website for indefinite periods, without notice to you;
b) we do not guarantee, represent or warrant that your use of our Services or the Website will be uninterrupted, timely, secure or error-free.
11. 4 You must not:
a) use the Website for any commercial activities or sales, or post or transmit via the Website any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
b) use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the internet;
c) use the Website to send unsolicited email messages;
d) in any way tamper with, hinder or modify the Website;
e) knowingly transmit any viruses or other disabling features to the Website or via the Website; or
f) attempt any of the above acts or facilitate or assist another person to do any of the above acts.
11.5 You are responsible for keeping your login details to the Online Portal strictly confidential. You are not authorised to permit any third party access to the Online Portal through use of your login details and warrant to us that you will not permit any such access.
11.6 Your enrolment in the Training Program and any reliance on Material, recommendations or strategy provided by us, and your use of the Website or our Services, is at your own risk and we do not accept any Liability to any person or entity for any loss, damage or cost incurred as a result of reliance on the same.
11.7 We do not give any warranty or representation as to the commercial or career outcomes from your use of our Services or enrolment in the Training Program.
12.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content (“User Content”) through the Website. By making available any User Content, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by any means.
12.2 You agree that you are solely responsible for all User Content that you make available on or through the Website and represent and warrant that:
a) You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by the terms of this Agreement); and
b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content pursuant to this Agreement, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
12.3 We do not endorse or approve, and are not responsible for, any User Content.
12.4 We may, at any time (at our sole discretion), remove any User Content.
12.5 To the fullest extent permitted by law, we disclaim all warranties regarding User Content.
13.1 All notices and other communications provided for or permitted by this Agreement will be sent by prepaid mail, by hand delivery or by email to the addresses of the parties as specified in this Agreement or to such other address or person as either party may specify by notice in writing to the other party from time to time.
13. 2 Each notice or communication will be deemed to have been duly received:
14.1 If any clause in this Agreement, or part of a clause, is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such clause (or part of the clause) will to that extent be severed from the remaining terms, conditions and provisions of this Agreement which will continue to be valid to the fullest extent permitted by law.
15.1 This Agreement and any document expressly referred to in this Agreement constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of this Agreement.
16.1 Any failure or delay by you or us in enforcing (in whole or in part) any provision of this Agreement will not be interpreted as a waiver of your or our rights or remedies.
17.1 This Agreement may only be varied by separate written agreement signed by you and by us.
18.1 Nothing in this Agreement shall operate or be deemed to operate to constitute a partnership or joint venture or a relationship of employment, service or agency between the parties and neither party has any authority to incur and will not incur any obligation or make any representation on behalf of the other party except with the express prior written authorisation of the other party.
19.1 This Agreement may be executed in any number of counterparts, all of which taken together are deemed to constitute one and the same document.
20.1 You may not transfer any of your rights or obligations under this Agreement without our prior written consent. We may transfer any of our rights or obligations under this Agreement without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
21.1 This Agreement is governed by and construed in accordance with the laws of Victoria. Disputes or claims arising in connection with this Agreement (including non-contractual disputes or claims) are subject to the exclusive jurisdiction of the courts of Victoria.
22.1 Headings used in this Agreement are for convenience only and will not limit or otherwise affect the meaning of the terms of this Agreement.
22.2 Any ambiguities in the interpretation of this Agreement shall not be construed against us only for reason that we were the drafting party.
22.3 If you subscribe to the Training Program outside of Australia, you are responsible for complying with the laws and regulations of the territory in which you are located.
22.4 If you have any concerns regarding the terms of this Agreement, it is recommended that you obtain independent legal advice.
23.1 Please email us at info@leadersinbusiness.com.au if you have any questions relating to this Agreement.
A. This agreement sets out the terms and conditions on which Leaders in Business Pty Ltd ACN 656 888 130 (“we” or “us”) provides you (“you”) with services (“Agreement”).
B. You accept the terms of this Agreement by subscribing to the Membership Plan (as defined in clause 1 of this Agreement) and/or by paying the Membership Fees (as defined in clause 3 of this Agreement).
C. We reserve the right to amend the terms of this Agreement at any time. Any such amendments shall be deemed effective immediately upon informing you of such amendments. Your continued use of our Services (as defined in clause 1 of this Agreement) and/or continued participation in the Membership Plan shall constitute your acceptance of the amended Agreement terms.
D. This Agreement encompasses our Website Terms of Use (accessible here: https://leadersinbusiness.com.au/terms/) and our Privacy Policy (accessible here: https://leadersinbusiness.com.au/privacy-policy/). In the event of a conflict between the terms of this Agreement and either our Website Terms of Use or our Privacy Policy, the terms of this Agreement shall take precedence.
1.1 We offer different levels of membership, with each membership plan containing different content and inclusions and attracting different Membership Fees. The services we provide to you are subject to the particular membership plan chosen by you upon entering into this Agreement (“Membership Plan”). The available membership plans, and the respective inclusions of each membership plan, are outlined on our website.
1.2 The following services are provided by us to you for the Duration (“Services”):
| Service Type | Description |
| Online Member Portal | Membership portal sign-in via our website at https://dashboard.leadersinbusiness.com.au/login (accessible on desktops, laptops, tablets, and smartphones), including access to ‘Your Personal Business Hub’ which provides access to networking events, webinars, and our library of business knowledge. |
| Membership Plan services | Access to the services provided within your chosen Membership Plan, as detailed on our website. |
2.1 Your membership commences upon your acceptance of the terms of this Agreement (“Commencement Date”).
2.2 Subject to the terms of this Agreement, you will have access to the Services pursuant to your Membership Plan for a period of 12 months from the Commencement Date. Your Membership Plan will then automatically renew on an annual basis on the anniversary of your Commencement Date, unless you advise us in writing not less than fourteen (14) days prior to the anniversary of your Commencement Date that you do not wish to renew your Membership Plan, or your Membership Plan is terminated in accordance with this Agreement.
2.3 By agreeing to the terms of this Agreement, you represent and warrant that you:
a) are at least 18 years of age; and
b) will only use the Material (as defined in clause 6.4 of this Agreement) and our Website (as defined in clause 11.1 of this Agreement) lawfully and in accordance with the terms of this Agreement.
3.1 The fees for our Services will be charged via direct debit on an annual basis in advance, in accordance with clause 3.4, commencing on the Commencement Date and charged at the rate of the Membership Plan you subscribe to (“Membership Fees“).
3.2 Membership Fees paid for a relevant period:
3.3 The current Membership Fees are outlined on our website.
3.4 By subscribing to a Membership Plan, you request us, until further signed notice in writing, to arrange for Membership Fees to be debited from your nominated account as provided by you at the time of subscribing to the Membership Plan (“Nominated Account”), and agree to be bound by the following terms in relation to your direct debit arrangement with us (“Direct Debit Arrangement”):
3.5 If any Membership Fees payable to us have not been paid (via direct debit or otherwise) within seven (7) days of the due date of payment, we may suspend performance of our Services to you (including access to the Online Member Portal) until the amount outstanding is paid in full. If the amount outstanding is not paid within fourteen (14) days of the due date, we reserve the right to terminate this Agreement without notice.
4.1 You can tell us in writing at any time if (for any reason) you no longer wish to continue with your Membership Plan.If you do this, you will be required to pay, within seven (7) days, any outstanding Membership Fees up to the date of you telling us, and you authorise us to direct debit any such amounts from your Nominated Account pursuant to clause 3 of this Agreement.
5.1 In addition to any other provision of this Agreement, we may terminate this Agreement:
a) immediately by notice to you if you are in breach of the terms of this Agreement and the breach is incapable of remedy;
b) immediately by notice to you if we have given you notice of your breach of this Agreement and you have failed to remedy the breach within seven (7) days of such notice; or
c) immediately by notice to you if you are declared insolvent, bankrupt, under administration or receivership, deemed to be any of the foregoing, or otherwise unable to pay your debts as and when they fall due and payable.
5.2 If termination occurs under section 5.1, you will be required to pay, within seven (7) days of termination, any outstanding Membership Fees payable up to the date of termination and, subject to the terms of this Agreement, you authorise us to debit such amounts from your Nominated Account upon us providing you with a written notice of such amounts.
5.3 Termination of this Agreement for any reason will not extinguish or otherwise affect any rights of either party against the other which:
a) accrued prior to the date of the termination; or
b) otherwise relate to or may arise at any future time from any breach or non-observance of obligations under this Agreement which arose prior to the date of the termination.
5.4 Clauses 5 (Termination), 6 (Intellectual Property), 7 (Confidential Information), 8 (Indemnity), 9 (Limitation of liability) and 13 (Notices) of this Agreement shall survive termination or expiry of this Agreement.
6.1 All Intellectual Property used as part of our Services is owned or under licence by us and protected by Australian and/or international laws.
6.2 Our “Intellectual Property” includes, without limitation:
a) patents, copyright, registered and unregistered design rights, registered and unregistered trademarks, code, algorithms, audio and visual content, images, photographs, ideas, methods, trade secrets, secret or confidential operations and processes, rights in know-how and Confidential Information and all other proprietary and industrial rights relating to our business resulting from intellectual activity;
b) all similar or analogous rights existing under the laws of any country; and
c) all rights to apply for or register such rights.
6.3 Your use of our Services does not grant you a licence or act as a right to use of any of our Intellectual Property, whether registered or unregistered, other than as permitted by this Agreement or with our express written permission.
6.4 We own or hold a licence for the copyright which subsists in all creative and literary works that are made available to you by us in the provision of the Services through any document, video recording, audio recording, dialogue, digital media or any other format (“Material”).
6.5 Unless expressly agreed by us in writing, you must not:
a) reproduce or use any of the Material for commercial purposes, including sale;
b) in any way modify the Material; or
c) cause any of the Material to be disclosed to any third party.
6.6 In summary, you must not modify, copy, reproduce, republish, upload to a third party, post, transmit, use, adapt, create derivative words of, decompile, disseminate, reverse engineer, translate, merge or distribute any of the Intellectual Property, including the Material, that is used as part of our Services in any way except as expressly provided for by us or expressly authorised in writing by us.
7.1 We may disclose our Confidential Information to you in the course of providing our Services.
7.2 You agree that our Confidential Information must be treated as and remain confidential to you, and you must not disclose, replicate or reuse in whole or in part our Confidential Information for any reason other than in accordance with the terms of this Agreement.
7.3 If this Agreement is terminated for any reason, you must immediately return to us or immediately destroy (at our election) all Confidential Information disclosed to you.
7.4 “Confidential Information” means all information in any way relating to us or our business including, without limitation:
a) information provided as part of our Services;
b) our marketing and technical information;
c) our business and strategic plans;
d) our processes, tools, templates, mechanisms and methodologies used in our business (including our analysis questions); and
e) our financial information.
8.1 By using our Services, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your breach of the terms of this Agreement.
8.2 Subject to this clause 8, each party (“first party”) will indemnify the other party (“second party”) against all losses, damages, liabilities, claims, demands, judgments, expenses, costs, interest, fees, penalties, fines, assessments and forfeiture of whatever description (whether actual, contingent or prospective) (“Liability”) incurred by the second party arising out of or in connection with:
a) any injury to persons, and any loss or damage to the second party’s (or a third party’s) property (real or personal) caused by any fraud, willful misconduct, or negligent or wrongful act or omission of or by the first party or any officer, employee, agent or contractor of the first party; or
b) any breach of the warranties or terms of this Agreement by the first party,
except to the extent that the Liability is the result of, or attributable to, any fraud, willful misconduct, or negligent or wrongful act or omission of the second party or any third party, provided that the first party does not Control (as that term is defined in section 50AA of the Corporations Act 2001) such third party.
8.3 Notwithstanding any other provision of this Agreement, we will not be liable to you for any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information or, without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.
9.1 Where legislation implies in this Agreement any warranty, condition, or liability which cannot be excluded or modified then:
a) that warranty, condition, or liability is included in this Agreement to the minimum extent required; and
b) to the maximum extent permitted by law, our liability for a breach of such a warranty, condition, or liability is limited, at our option, to either the provision of the Services or the payment of the cost of having those Services provided.
9.2 We will not be liable in any event for any indirect or consequential loss or damage of any kind whatsoever including, but not limited to, consequential or economic loss or loss of profits arising from any breach of this Agreement, our negligence or otherwise, or the negligence or otherwise of our officers, employees, agents or contractors arising out of or in connection with our provision of the Services.
9.3 For all other of our liabilities under this Agreement which have not been excluded or limited by this clause 9, whether arising from any breach of this Agreement or negligence or otherwise, that liability (to the maximum extent permitted by law) will not exceed in aggregate the total amount paid by you in the 6 months prior to the Liability arising.
9.4 If we do not act, or if we delay in acting, in relation to a breach of this Agreement by you, this shall not be construed as a waiver of our rights to exercise or enforce any right or provision of this Agreement. Any such right may only be waived if it is done so in writing and signed by us. No other conduct by us operates as a waiver of the right or otherwise prevents the exercise of the right.
10.1 You agree that we must collect your personal information in order to provide our Services, arrange payment of the Training Fees and otherwise comply with this Agreement. We collect and store personal information in accordance with the Privacy Act 1988 (Cth) and our privacy policy which may be accessed on our website at https://leadersinbusiness.com.au/privacy-policy/.
11.1 In accessing our website at www.leadersinbusiness.com.au including the Online Portal (“Website”), you agree to be bound by our Website Terms of Use which may be accessed on our Website at https://leadersinbusiness.com.au/terms/.
11.2 We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in our Website may not be legal by certain persons or in certain countries. If you access our Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
11.3 You acknowledge and accept that:
a) from time to time we may remove Material from the Website for indefinite periods, without notice to you;
b) we do not guarantee, represent or warrant that your use of our Services or the Website will be uninterrupted, timely, secure or error-free.
11. 4 You must not:
a) use the Website for any commercial activities or sales, or post or transmit via the Website any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
b) use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the internet;
c) use the Website to send unsolicited email messages;
d) in any way tamper with, hinder or modify the Website;
e) knowingly transmit any viruses or other disabling features to the Website or via the Website; or
f) attempt any of the above acts or facilitate or assist another person to do any of the above acts.
11.5 You are responsible for keeping your login details to the Online Portal strictly confidential. You are not authorised to permit any third party access to the Online Portal through use of your login details and warrant to us that you will not permit any such access.
11.6 Your enrolment in the Training Program and any reliance on Material, recommendations or strategy provided by us, and your use of the Website or our Services, is at your own risk and we do not accept any Liability to any person or entity for any loss, damage or cost incurred as a result of reliance on the same.
11.7 We do not give any warranty or representation as to the commercial or career outcomes from your use of our Services or enrolment in the Training Program.
12.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content (“User Content”) through the Website. By making available any User Content, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by any means.
12.2 You agree that you are solely responsible for all User Content that you make available on or through the Website and represent and warrant that:
a) You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by the terms of this Agreement); and
b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content pursuant to this Agreement, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
12.3 We do not endorse or approve, and are not responsible for, any User Content.
12.4 We may, at any time (at our sole discretion), remove any User Content.
12.5 To the fullest extent permitted by law, we disclaim all warranties regarding User Content.
13.1 All notices and other communications provided for or permitted by this Agreement will be sent by prepaid mail, by hand delivery or by email to the addresses of the parties as specified in this Agreement or to such other address or person as either party may specify by notice in writing to the other party from time to time.
13. 2 Each notice or communication will be deemed to have been duly received:
14.1 If any clause in this Agreement, or part of a clause, is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such clause (or part of the clause) will to that extent be severed from the remaining terms, conditions and provisions of this Agreement which will continue to be valid to the fullest extent permitted by law.
15.1 This Agreement and any document expressly referred to in this Agreement constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of this Agreement.
16.1 Any failure or delay by you or us in enforcing (in whole or in part) any provision of this Agreement will not be interpreted as a waiver of your or our rights or remedies.
17.1 This Agreement may only be varied by separate written agreement signed by you and by us.
18.1 Nothing in this Agreement shall operate or be deemed to operate to constitute a partnership or joint venture or a relationship of employment, service or agency between the parties and neither party has any authority to incur and will not incur any obligation or make any representation on behalf of the other party except with the express prior written authorisation of the other party.
19.1 This Agreement may be executed in any number of counterparts, all of which taken together are deemed to constitute one and the same document.
20.1 You may not transfer any of your rights or obligations under this Agreement without our prior written consent. We may transfer any of our rights or obligations under this Agreement without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
21.1 This Agreement is governed by and construed in accordance with the laws of Victoria. Disputes or claims arising in connection with this Agreement (including non-contractual disputes or claims) are subject to the exclusive jurisdiction of the courts of Victoria.
22.1 Headings used in this Agreement are for convenience only and will not limit or otherwise affect the meaning of the terms of this Agreement.
22.2 Any ambiguities in the interpretation of this Agreement shall not be construed against us only for reason that we were the drafting party.
22.3 If you subscribe to the Training Program outside of Australia, you are responsible for complying with the laws and regulations of the territory in which you are located.
22.4 If you have any concerns regarding the terms of this Agreement, it is recommended that you obtain independent legal advice.
23.1 Please email us at info@leadersinbusiness.com.au if you have any questions relating to this Agreement.
