The Launch Lounge™ 30 Days Intensive Terms of Use
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Shine and Succeed Pty Ltd (“Company”, “We”, or “Us”).
The Company agrees to provide you with access to the digital product entitled, “The Launch Lounge™ 30 Days Intensive” (“Product”). As a condition of purchasing and using the Product, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Product
The Company’s Terms of Use, Privacy Policy and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Product. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
Terms of Use, Privacy Policy, And Disclaimer
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Members with access to the Program, which provides education and information.
Nature of The Relationship
In consideration of Your access to the Product, you agree to pay the following fee of US$5,000 and will be inclusive of GST for Australian citizens.
You agree to make a single payment of US$5,000 which shall be due and payable before you will be granted access to the Product.
Fees
You will be provided with a Comprehensive Report that will outline exactly what’s working in your business, what the gaps are that need to be filled for you to have efficient tracking of your results, and our recommendations for exactly what to do next to grow your business. You are entitled to a full money-back guarantee if you can show that you implemented the recommendations in our Report and this does not result in business growth.
The money-back guarantee is governed by the following terms:
We want You to be satisfied with your purchase, so we offer a money-back guarantee. To claim a refund, You must request your money back within 90 days of the purchase. You may request your money back by emailing hello@shineandsucceed.com. That email must reference the Product, set out the date of Your purchase, and the email and name associated with the purchase. You will be required to submit proof that you implemented our recommendations and that the correctly implemented strategies did not result in an increase in profits. Only under these conditions will the refund be approved.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granting you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the Product.
Refund Policy
The Company will provide you with The Launch Lounge™ 30 Days Intensive.
The Product
All content included as part of the Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Product, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Product are the trademarks of their respective owners.
Your purchase of the Product does not result in a transfer of any intellectual property to You, and, as a condition of purchase and use of the Product, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Product. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Product.
The Company content is not for resale. Your purchase of the Product does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Product will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Ownership Of All Intellectual Property
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Product, you hereby agree to respect the Company’s confidential information. Specifically, the content of the Product contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Product with anyone other than the Company, its owners and employees, and other Product participants.
Confidentiality
You accept personal responsibility for the results of your actions. The Company provides educational and informational resources that are intended to help users of the Product succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - using the Product are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Product. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Product.
Personal Responsibility
The Company makes no warranties regarding the performance or operation of the Product. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, products, books, or services included in or through the Product. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
No Warranties
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Product and/or any information and resources contained in the Product. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Product.
The information, software, products, and service included or available through the Product may include inaccuracies or typographical errors. Changes are periodically added to the information in the Product. The Company and/or its suppliers may make improvements and/or changes in the Product at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Product for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Product, with the delay or inability to use the Product or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Product, or otherwise arising out of the use of the Product, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Product or any portion of it, your sole and exclusive remedy is to discontinue using the Product.
Limitation of Liability
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Product. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Brisbane, Queensland, Australia.
Dispute Resolution
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Product and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Indemnification
The Company reserves the right, in its sole discretion, to terminate your access to the Product and the related services or any portion thereof at any time, if You become disruptive to the Company, if You fail to follow the Product guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination.
Termination And Access Restriction
This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Product, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Product. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Entire Agreement
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Severability
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Waiver
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Force Majeure
This Agreement shall commence and be enforceable with respect to each Product participant upon the date that the participant purchases the Product.
Effective Date
Contact Us
The Company welcomes your questions or comments regarding the Terms of Use:
Shine And Succeed Pty Ltd
C/o Carbon Accountants
Level 8, 2 King Street
Fortitude Valley, Qld 4064
Email Address: hello@shineandsucceed.com
Effective as of October 19, 2023