Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
By accessing or using our website at www.nickfreedman.com.au (“Website”) and our Facebook Page, LinkedIn Page and/or other social media channels (collectively, our “Sites” or the “Sites”), brought to you by Soup Life Coaching Pty Ltd ABN 19 103 772 185 trading as ‘Freedman’ and its associated entities (“Freedman”, “us”, “our”, “we”), you (the “user”, “you”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement“), regardless of whether you create an account or purchase any of our products or services. Your access to the Sites is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in this Agreement and anywhere else on the Sites. If you do not agree to all of these Terms of Use, do not use the Sites or purchase our products or services.
We may, without notice, update or otherwise change these Terms of Use periodically, and any such changes will be posted to this page. Your continuing use of the Website constitutes your agreement to be bound by any such changes. We are not obliged to notify you of any changes but will endeavour to alert you to any significant changes.
We offer a number of products and services via our Website including online courses and programs (“Programs”) including:
You may purchase any of our Programs, products or services available on our Website for the amount and in the manner specified on our Website.
All prices displayed on the Website are specified in Australian Dollars, and may be subject to goods and services tax (GST) (or equivalent) or any other mandatory taxes, levies and surcharges of which you will be notified prior to finalization of your order.
All prices displayed on the Website are subject to change without notice. Except as otherwise provided in these Terms of Use, prices for items in an order are fixed once your order has been confirmed.
Through our transaction provider we employ the Secure Sockets Layer (SSL) technology to protect transactions with our customers. However, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner as a result of using the Website. All credit card information is processed by our transaction provider and therefore complies with their privacy and security policies.
If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or to cancel the transaction.
We offer a limited cancellation / refund policy as specified below, and subject to clause 15B (non-Excludable Conditions).
(a) Workshops
We do not offer refunds for any public workshops you are have booked and paid for but are unable to attend.
Please note: that times posted on Sites for online workshops or webinars, are specified in either Australian Eastern Standard Time (AEST) (or where applicable, Australian Eastern Standard Daylight Time (AESDT)). It is your responsibility to ensure you convert to the appropriate time zone in order to attend the relevant workshop or webinar. We will not be liable if you fail to convert the time difference in your area and consequently miss the relevant workshop or webinar and will not offer any refunds in any such circumstances.
(b) Mentoring/Coaching
If you cancel a booked session with us, we may charge you a cancellation fee, depending on the amount of notice you have provided as per below:
(c) Manifestor Online Program
If for any reason you are not happy with the quality of our Manifestor Online Program, we offer a full refund of the purchase price, provided you:
(d) Other Programs
Please note we do not offer refunds for any of our other programs including Manifestor Social Learning Gym; Manifestor Social Learning Gym with Mentoring or Get Purpose.
Any personal information we collect about you via our Sites will be collected, used and stored in accordance with out privacy policy available on our Website. Please review our Privacy Policy and these Terms of Use carefully before accessing and using the Sites.
You will be able to access the majority of the Sites without having to register any details with us. However, particular areas of the Website will only be accessible if you have registered for a Program with us or otherwise signed up as a member of our Site.
Some of the services we provide (including the Programs) require registration via the Website. Should you choose to register for such services you agree to provide accurate and current information as required by the relevant registration process, and to promptly update such information as necessary to ensure that all information is kept accurate and complete. By registering, you agree to:
At no point will we be held responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, a user’s failure to comply with this section.
Your access to the Sites will be subject to our authorization. We reserve the right to terminate your access to the Sites at any time without notice, for any reason (including, but not limited to, if you violate these Terms of Use) or for no reason. While our preferred course of action is to advise you of your inappropriate behaviour and recommend any necessary corrective action, we do not represent that we will, nor that we are required to, either actively monitor such behaviour or provide such notice to you. Our right to terminate your access is in addition to all other legal or equitable remedies available to us, which rights are fully and expressly reserved by us. Upon termination of this Agreement for any reason, you shall cease to use or further access the Website and shall be liable for any unauthorised attempts to do so via any means.
The Sites may contain hyperlinks to internet sites operated by third parties, which are provided for your convenience only. We will endeavour to ensure that all links are current but we are not responsible for any linked sites or their content. The inclusion of any link does not imply any endorsement of the linked sites by us and we do not make any representations about them or any material contained in them. Any link within the Sites, which takes you to a third-party site should only be clicked on at your own risk. We expressly disclaim all liability for any loss or damages arising from the content or provisions of services of any third party service or resource.
If you would like to link to our Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws in Australia.
If you choose to link to our Website in breach of these terms, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
The Sites and the services offered via the Sites including the Programs are only available for your personal use only. You may not use the Sites for any business or commercial purpose including for the purpose of advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce.
The standards required of users when using and accessing the Sites are set out below.
As part of the Sites you may elect to connect with us through various social media channels (such as Facebook, Google+, Twitter, Instagram, YouTube and LinkedIn). In order to connect with us on any such platforms on which we have a presence, you will be required to set up your own account with the relevant social media site and you will be subject to terms and conditions prescribed by the operators of those sites. We are in no way associated with or endorsed by any social media channels and we are not responsible for any content posted by users or other third parties through such sites.
When you connect with us via social media sites, you agree to the following specific terms, in addition to any other terms contained in the Agreement that may apply in relation to you use of the Sites:
We may remove, vary or edit, delete, reject or remove any content which is posted by users or third parties on our social media pages. The third party views, which are expressed on our social media pages, are not necessarily our views and we do not accept any liability in respect of any material posted nor do we take any responsibility for the accuracy of any such content.
You understand that, unless otherwise expressly noted, all concepts, information, and materials on the Sites including illustrations, designs, graphics, photographs, software, video clips, and written and other materials including the Programs (“the Materials”) are the proprietary property of Freedman and are protected by copyright, trademarks, trade secret and other applicable laws. You acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of Freedman, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and “good will” of Freedman. You acknowledge that, except as expressly stated in these Terms of Use, you have no right, title, or interest of any kind on any legal basis in or to the Materials.
You have the limited right to use the Materials as follows:
Manifestor Program – multi-device login.
In addition to the above terms, the following conditions apply in relation to the Manifestor Program: The program you purchased is a single user license. This means You may login to access the Program on one technological device at a time. If you are logged in on a device, then log in using a different device, you will be automatically logged out from the original device.
Sharing your username and password with other people is not permitted. If we detect an excessive number of log-ins using different devices on many devices, this may result in you being permanently blocked from using the Program. Freedman will not be liable if you are blocked from using the program due to your breach of this restriction. No refunds will be given in this circumstance.
You acknowledge that violation of the above restrictions (and restrictions of use contained elsewhere in this Agreement) may result in infringement of intellectual property and contractual rights of Freedman and could result in substantial civil and criminal penalties.
We take all reasonable steps to ensure that the information on the Website is correct. However, by using the Website, you acknowledge and agree that Freedman has no liability for any errors or omissions in the Website, including in the Materials, whether provided by Freedman or third parties. We may make changes to the Materials on the Website at any time and without notice. Freedman does not warrant that functions contained on the Sites will be uninterrupted or error- or virus-free and by using the Sites, you agree that Freedman shall have no liability for any unavailability of or inaccuracy in the Sites or the Materials.
You understand and agree that, subject to any applicable statutory conditions, warranties or guarantees which cannot be excluded, any Material downloaded, purchased or otherwise obtained through the Website is done at your own discretion and risk, and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download of such Material. To the extent permitted by applicable law, Freedman shall not be liable to any User on account of that User’s use or misuse of and/or reliance on the Sites, or its associated products and services.
The delivery of our online programs requires you to have an active internet connection
which enables the streaming of visual and audio content and the downloading of files for you to participate. This relies on third party technology and telecommunications businesses which we have no control over. At times, the quality of the online program may be reduced if there are technological
issues with these third party companies. You are solely responsible for ensuing you have an active internet connection. Freedman accepts no responsibility for this and will not be held liable for to any user on account of any issues related to unreliable internet connection.
Products and services offered by Freedman, including the Programs, are for educational and informational purposes only. The information contained on or via the Sites, including the Programs, does not purport to offer any legal, medical, tax, financial, psychological, spiritual, therapeutic, religious, or other professional advice to users. While we take care in compiling the information on our Sites and in our Programs with the goal of helping you achieve personal and/or business growth and satisfaction, nothing on any of our Sites, including the content in any of our Programs, is a promise or guarantee that you will achieve the results you expect, or any results at all. Our Programs and services are designed to challenge users, however, as with any personal growth endeavor, risk and loss can and is possible.
The Manifestor Program comprising: Manifestor Online, Manifestor Social Learning Gym, Manifestor Social Learning Gym with Mentoring may not be suitable for everyone, particularly those with a history of mental health issues and/or substance abuse. Freedman encourages all users to exercise caution and where necessary consult your accountant, doctor, lawyer, therapists, clergy, qualified business advisors or professional advisor, as appropriate, prior to signing up for any of our Programs or services, or acting on any specific information presented in our Programs, products, workshops, events, services, or Sites. By registering on our Sites and for our Programs, you agree that you will not attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
The Sites and all content and services provided by Freedman are provided on an “as is” basis. Subject to any statutory conditions, warranties or guarantees that cannot be excluded (see below clause 15b – Non- Excludable Conditions), Freedman disclaims all express, implied and statutory warranties. To the fullest extent permitted by law, Freedman disclaims warranties for the security, reliability, timeliness and performance of the services received or advertised through this Website or through any links provided in this Website, as well as for any information or advice received through any links provided in this Website.
To the extent permitted by law, in no event will Freedman be liable for any indirect, incidental, special, consequential or exemplary damages including but not limited to damages resulting from the Sites, or any other matter relating to the products or services or this Agreement.
Freedman, its directors, employees, officers, contractors and agents shall not be liable for any loss or damage whatsoever that may result to you or a third party as a result of your or their use of the Sites, including any special, indirect, incidental or consequential damages for loss of profits, use, goodwill, data or other intangible losses, cost of procurement of substitute goods or services, or any other special, indirect, or consequential damages (even if Freedman has been advised of the possibility of such damages) arising out of or in connection with access to the Sites or the use or performance of information contained in it.
Freedman’s maximum aggregate liability under, arising out of or relating to any claim, whether in contract, tort or otherwise, shall not exceed the total amount of fees actually paid to Freedman in the previous six (6) months by the user.
15B Non-Excludable Conditions
In Australia, certain provisions of the Australian Consumer Law and other statutes, rules and regulations may imply certain non-excludable terms, warranties or conditions (“Non-Excludable Conditions”) in relation to our products and services. To the extent that they are not permitted to be excluded, they are included in these Terms of Use. Where Freedman is permitted to limit its liability for a breach of a Non-Excludable Condition, Freedman’s liability will be limited (at its option) to resupplying the goods or services to the user or paying the user the cost of having the goods or services supplied to it or refunding the amount paid to Freedman for the product or service.
By using the Sites (and our Programs, if applicable), you agree to fully indemnify and hold harmless Freedman and its employees, officers, agents and contractors from and against all claims, actions, liabilities, costs, damages, loss, charges or expense suffered or incurred by Freedman in connection with or arising directly or indirectly as a consequence of (a) your breach of this Agreement; (b) your use (or misuse) of the Sites or our Programs or other products and services (c) your unauthorized disclosure or use of the Program Materials.
The Website functionality allows you to share the Manifestor Program via social media and email
with people you know. The functionality can see, through the use of cookies, when someone you
shared the Website with, purchases a program. We have a social giving strategy which is linked to the sharing of weblinks. When someone you shared the Website with signs up to Manifestor, by clicking on the link in the social post or email, we lend AUS$25 to a borrower who is seeking a loan. We do this via www.kiva.org. Kiva is an international nonprofit, with a mission to connect people through lending to alleviate poverty. At the end of each month, we assess the number of new sign ups (via shared links) and then choose 1 or more borrowers on KIVA, and lend them the money. The borrower will pay back to the loan to us, also via the kiva website. By engaging in the sharing of the Website, you do not have the right to choose which borrower we lend the $25 to for any friends of yours who sign up. To find out more, visit our team page. www.kiva.org/team/manifestor. Your access to and use of the Kiva website is subject to clause 9 of this Agreement (Links) and any terms and conditions and policies of Kiva.
This Agreement and any rules, policies, or guidelines posted on the Sites, including the Privacy Policy, constitute the entire agreement between Soup Life Coaching Pty Ltd and you, regarding the use of the Sites. In the event of any conflict between this Agreement and any information posted on the Sites, this Agreement shall govern.
This Agreement between you and Freedman will be governed by the Laws of Australia. If any provision of this Agreement is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.
If there are any questions or comments regarding these Terms of Use you may contact us using the information below.
Soup Life Coaching Pty Ltd
Attention: Nick Freedman
Post: Unit 14/9 Powells Road, Brookvale, NSW 2100. Australia
Email: clarity@nickfreedman.com.au
These Terms of Use were last updated in October 2016.
