TERMS & CONDITIONS
Background
This Program Terms and Conditions (the “Agreement”) is a legally binding contract between you (the “Participant”) and Manifesting Life ABN 14 651 408 816 (Jaclyn’s company) and covers the purchase of the Programs referred to below. In this Agreement, “Manifesting Life” and “Jaclyn Beard” are referred to interchangeably as Jaclyn is the creator and Facilitator of all Programs owned by her company. Please read this Agreement carefully and contact info@manifestinglife.co if you would like to discuss any aspect of this Agreement. You are deemed to have accepted the terms in this Agreement upon paying fees for your selected Program.
Programs
Jaclyn Beard currently offers the following programs (“Programs”):
Love Shift
Love Shift is a personalised 4 week coaching program.
Inclusions
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2 x 30 min calls (open and closing calls)
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Personalised 90 min Rapid Transformational Therapy Session
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Weekly email check in
Lasting Love Program
12 month access to the program. Lasting Love is a self-study program for individuals wanting to upgrade their subconscious beliefs to manifest their greatest love. It is a deep transformation with close support from Jaclyn Beard. There is a 48 hour cooling off period from sign up. There is no refund once the course commences, except as may be required under Australian Consumer law.
Inclusions
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Course modules
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6x live Zoom sessions
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Worksheets
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Rapid Transformational Therapy Session
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Hypnotic meditations
1:1 Coaching Program
This Program is tailored to the client’s goals, needs and requirements.
Inclusions
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1:1 Zoom calls
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1:1 Rapid Transformational Therapy Session
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1:1 Voxer/Email support between Monday-Friday
Resources
Program Participants can access a library of resources via the online Program portal, including audio, videos, worksheets, tools, and support.
Terms
You understand and agree: This Agreement will begin upon payment of the Program fees. It will apply for the duration of the relevant Program and completion of any payment plan beyond the Program’s length.
Fees And Payment
All program fees are as advertised on the website. Program fees may change from time to time, and the website will be updated accordingly with new pricing. Payment plans are available upon application. An approved payment plan is by recurring direct debit from a nominated credit card over an agreed term. A payment plan processing fee may apply to some program payment plans. Fee information, if applicable, is available on the Program Payment page. All payments must be completed online via Stripe transactions.
Late Payments
A five-day grace period is applied to late payments. Payments overdue by more than five business days will incur a late payment fee of 10% per annum (calculated daily from the date due) on the outstanding amount. Jaclyn Beard reserves the right to vary fees at any time. Changes in fees will not affect you and will only apply to a new round of program delivery. From time to time, Jaclyn Beard may provide promotional offers to which these Terms apply.
Refund Policy
You understand and agree: There is a 48 hour cooling off period from the date of enrolling in any Program. After this period, there is no refund for change of mind for any Program referred to in this Agreement. You remain liable for the remainder of the Program fee regardless of whether you paid in full or by payment plan. Your commitment to your success and completion of your selected Program is required to gain maximum results from the Program. Manifesting Life handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Refunds are not permitted after the 48 hour cooling off from date of sign up for coaching services at Manifesting Life. This includes Love Shift, Lasting Love and 1:1 Coaching Packages and all courses and workshops. Where your payment method is via a payment plan and a refund is approved, administrative costs USD 120 will be calculated and deducted from the total fees owing to Jaclyn Beard. You will remain liable for the balance of the payment owed to Jaclyn Beard. Failure to pay at any time is a breach of this Agreement, and we are entitled to seek legal relief and remedy for this breach and recover the debt you owe. Outstanding accounts will be referred to a third party for debt collection.
Content Release And Availability
Group calls are delivered in the Facebook group (Facebook Live) or on Zoom and added to the Online Program Portal. Lasting Love Program participants may access program resources via the Online Portal for 12 months from subscribing date. Online Portal resources include but are not limited to: group coaching call recordings, audios, worksheets and videos. Content is continuously added to the Online Portal as each Program evolves.
Online Program Portal
You must register your details to access the Program content in the Online Program Portal. You are responsible for ensuring the details you provide are correct and current. Your password will be emailed to you in your welcome email. You are responsible for updating your profile in the membership portal if your email address or any other relevant details change.
Password Security
You are solely responsible for the protection and confidentiality of any password that may be issued to or subscribed for by you from time to time. You will not share your password with any other person. You will notify us immediately if your password is lost or becomes known to anyone else. You are solely responsible for access and use of this Site via your password, whether such access or use is by you or any other person; and the personal information you provide to the Program will be treated strictly under our Privacy Policy.
Communication
You understand and agree: Day-to-day communication for the Program duration is via the exclusive Program Facebook Support Group. Unless your communication is personal or confidential, you are requested to post all questions, comments, and observations to the Facebook Group.The Facebook Group helps build connections and facilitate group learning, peer support, and education. With any private matters such as queries regarding the Program, accounts, or personal issues, please email info@manifestinglife.co. Emails are responded to within 72 hours during business hours, Monday to Friday. All queries relating to your personal development are to be addressed in the group coaching sessions or directed to the Program Facebook community.
Commitment And Conduct
You understand and agree: Your commitment includes but is not limited to: completing the entire Program you have purchased with full participation, attending Program group coaching calls when possible, communicating with Jaclyn Beard when required, being present and engaged in the private Facebook Support Group, being committed to achieving your defined outcomes, supporting others in the Program.
Facebook Support Group
The private Facebook Group is by invitation only for the Program Participants. The sole purpose of the Facebook Support Group is to provide a private forum for Participants to ask questions and access group coaching calls. You agree to abide by the Facebook Group rules of conduct, privacy and confidentiality of group discussions, member details and posts relating to their personal stories and businesses. You are prohibited from promoting your business, other Facebook groups and similar programs and courses to the Programs under this Agreement, in the Facebook Group or by private message to other group participants. Toxic, abusive and disrespectful conduct will result in removal from the Facebook Support Group. Sharing posts from the Facebook Group, including images, is strictly prohibited, and this conduct will result in immediate removal from the group.You will respect the confidentiality of each Participant in all group coaching calls. You will not discuss another participant or their personal stories in an individual or professional context, outside the group, for any reason, without the Participant’s express written permission.
Technology Issues
Jaclyn Beard shall not be held responsible if there are any problems with the website or if the host or network should go down due to circumstances beyond our control. When it is within our control, we will do our best to get the system back up as soon as possible. Jaclyn Beard shall not be liable to you or any other party because of any viruses or malware that may infect your or any other party’s electronic equipment. You agree that you: Will not use any robot, spider or other devices, process or means to access the Program. You will not compromise or circumvent the security controls of the Program or otherwise gain unauthorised access to the Program and will not attempt to interfere with the proper working of the Program.
Confidentiality
All information shared with Jaclyn Beard during individual coaching sessions is confidential and will not be shared with a third party unless required by law. Personal and business information provided by you is managed by our Privacy Policy.
Intellectual Property And Copyright
All material, including but not limited to videos, call recordings, resourJaclyn Beard, are the property of Manifesting Life and Jaclyn Beard and their affiliates or licensors. Accordingly, they are protected by copyright, trademark, and other intellectual property laws. All material, including but not limited to videos, call recordings, resource downloads, and templates available in the Program and within any program created by Manifesting Life and Jaclyn Beard, is provided solely for your personal, non-commercial use. You may not use any of the materials available in the Program or any teaching platform or in a manner that infringes any of our rights or that has not been expressly authorised by us. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material the Program or related programs without the express permission of Jaclyn Beard. You may request such permission by emailing info@manifestinglife.co.
Disclaimer
You understand and agree: You have engaged Jaclyn Beard’s services and purchased the Program at your own risk. All content, resources and coaching are provided for personal use and information only. Jaclyn Beard does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your results from the Programs. Jaclyn Beard can not guarantee your ability to get results and improve your mindset, health, lifestyle or otherwise with our coaching, tools, ideas, information, or strategies. Results depend on various factors, including but not limited to your current health status, financial status, commitment, personal ability, and dedication, and in no way dependent on any information or strategy provided to you by Jaclyn Beard.
Medical Disclaimer
Jaclyn Beard is a qualified life coach. Jaclyn Beard is not a qualified medical professional, psychologist or counsellor. The information provided in the Program is not intended to, cannot, and should not be expected to be a substitute for advice and treatment from a qualified medical practitioner. The information provided by Jaclyn Beard is not intended to, cannot, and should not be expected to be a substitute for advice and treatment from a qualified medical practitioner. The Program does not replace any treatment plans or protocols for diagnosed illnesses or medical conditions. You are advised to consult your doctor before making any health-related decisions during or as a result of participating in the Program.
Limitation Of Liability
You understand and agree: Liability for the services provided by Manifesting Life and Jaclyn Beared is governed solely by the Australian Consumer Law and these Terms and Conditions. Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law. To the extent permitted by law, Manifesting Life and Jaclyn Beard exclude all express or implied representations, conditions, guarantees, warranties and terms relating to any Services except those in this Agreement. Jaclyn Beard denies any liability in contract, tort (including negligence), or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings incurred or suffered by you arising directly or indirectly out of or in connection with its services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information or advice provided by Jaclyn Beard; Jaclyn Beard guarantees all services are supplied to you with due care and skill and fit for the advertised services.To the extent that Jaclyn Beard is unable to exclude liability; total liability for loss or damage you suffer or incur from services by Manifesting Life and Jaclyn Beard is limited to re-supplying the Services to you or, at our option, refund to you the amount you have paid for the Services to which your claim relates.
Termination
Except as provided in this Agreement, where Jaclyn Beard terminates this Agreement with or without cause, and through no action or fault of the Participant, any payment for unfulfilled services without any fees or charges will be refunded to the Participant. Payment for fulfilled services will not be refunded. All access to the Program, Online Portal, resources, and Facebook Group will cease.
Dispute Resolution
You understand and agree: You will contact Jaclyn Beard immediately with any concerns for quick and effective resolution through friendly consultation. In the event of a dispute, you agree to the following Dispute Resolution Procedure:
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You must advise Jaclyn Beard in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.
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You agree to meet with a key representative of Jaclyn Beard in person or via Zoom in good faith to seek to resolve the dispute by Agreement and compromise.
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If an agreement cannot be reached to resolve the dispute, any party may refer the dispute for mediation to the Law Society of Victoria (VIC).
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Both parties must attend the mediation provided by the Law Society of VIC in good faith to seek to resolve the dispute.
Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party is unsuccessful. Confidentiality is paramount to both parties’ personal and professional reputations and standing in their business and community. At no time will any communications or discussions be made public, including but not limited to any social media platforms or websites of either Party. Any public discussion or comments about either Party will be considered defamatory, harmful or otherwise damaging. They will be the subject of compensation in any mediation or litigation claim.
Governing Law
You understand and agree: The Terms and Conditions of this Agreement are governed and construed under the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria. By proceeding with your payment, you accept the Terms and Conditions contained in this Agreement.