Terms & Conditions

The Bottomline (TL;DR)

Not guarantees. No big promises. No refunds. No lock in contracts. We respect you as a sovereign being and will never take away your autonomy to decide what is right for you at any point in time. Which is why we follow a weekly payment model.

You are free to leave (hopefully never) whenever you want. If you choose to leave, you can’t rejoin for 12 months and will be subject to any future price increases.

Our goal, however, is to be so good that you never want to leave.

The Serious Version

These terms and conditions are between you and SheLaunch. These terms and conditions and the Details form the entire agreement under which you engage SheLaunch to provide the Services.

1. Engagement

You engage us to provide the Services to you during the Term on the terms set out in this agreement.

2. Provision of the Services

a. We will use reasonable endeavours to provide the Services during the Term.

b. As provision of the Services require participation, involvement, engagement and input by you, it may be that due to constraints in time we may not be able to provide all the Services during the Term.

c. 1:1 coaching session are to be booked by you.

d. We will advise you when the Group Coaching/Online Learning Sessions are available. It is your responsible to ensure that you attend those Sessions. Your failure to attend those Sessions will have a detrimental effect on our ability to provide the Services in particular the Personalised Services.

e. We will choose which of our personnel is most appropriate to provide the Services to you from time to time.

f. Unless otherwise agreed, we will provide the Services between the hours of 9am to 5pm on Business Days.

3. Your acknowledgements

You understand that:

a. provision of the Services requires require participation, involvement, engagement and input by you;

b. the Services are designed to facilitate the creation and development of professional or business goals, to develop strategies and plans for achieving those goals;

c. you are fully and solely responsible for implementing the Strategies;

d. we are not responsible for implementing any Strategies;

e. the Services are not being provided in lieu of professional and/or financial advice and you will seek professional guidance for legal, medical, financial, business, spiritual, health or other matters; and

f. we do provide any warranty that any result or objective can or will be achieved or attained at all or by any particular date whether stated in this agreement, the Specification or elsewhere.

4. Your obligations

a. You must Actively Participate in Sessions.

b. You must be available for contact by us at all reasonable times and respond appropriately and promptly to contact by us.

5. Fees

a. You must pay the Fees to us in advance of the Services being provided. Fees can be monthly or annual depending on what best suits your individual circumstances.

b. All sales are final. There are no refunds, big promises or guarantees. Just a 100% commitment from SheLaunch to provide the best possible Services to you for the purpose of launching and growing your business.

6. Use of subcontractors

We may use other persons to provide some or all of the Services. If we do, any work undertaken by any of the our subcontractors will be undertaken to the same standard as stated in this agreement.

7. Disclosure and ownership of IP Rights

a. Except as expressly provided in this agreement, nothing in this agreement transfers or grants to any party any right, title or interest in or to any IP Rights.

b. We grant you a worldwide, royalty free, perpetual, irrevocable, transferable, non-exclusive licence to our Intellectual Property for the sole purpose of and only to the extent necessary for you to implement Strategies

8. Privacy

a. You are responsible for obtaining all relevant consents from, and providing all relevant notices to, individuals whose personal information is provided by you to us in connection with this agreement.

b. You indemnify us against, and must pay us on demand the amount of all Liabilities arising out of your failure to comply with clause 10(a).

9. Limitation on liability

a. Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Fees paid by you to us under this agreement.

b. Our liability for failure to comply with a Consumer Guarantee is limited to:

i. in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or payment to you of the cost of the replacement or supply), or the repair of the goods (or payment to you of the cost of the repair); and

ii. in the case of Services supplied to you, the supply of the Services again or payment to you of the cost of having the Services supplied again.

10. No reliance

a. You acknowledge that, in entering into this agreement, you do not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement.

b. Any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.

11. Relationship

Nothing in this agreement constitutes or deems the us to be your agent, partner or employee.

12. Confidential Information

a. You must not, either during or after the Term, without our prior consent, use or disclose, or cause or permit to be used or disclosed, any of Our Confidential Information.

b. We may use Your Confidential Information (such as results we reasonably consider are attributable to the Services) purposes of promoting our services. When we do this, we will use our best efforts not to disclose any Confidential Information that may identify you or Your Business or any Intellectual Property belonging to you.

c. Subject to clause 7(a), we must not, either during or after the Term, without your prior consent, use or disclose, or cause or permit to be used or disclosed, any of Your Confidential Information.

13. Termination

a. You may terminate this agreement by emailing support @ shelaunch . com

14. Disputes

a. Neither party may not commence court proceedings relating to any dispute, controversy or claim

arising from, or in connection with, this agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other party to seek (in good faith) to resolve the Dispute.

b. If the parties cannot agree how to resolve the Dispute at that initial meeting, either party may refer the matter to a mediator.

c. If the parties cannot agree on who the mediator should be, either party may ask the law society of

the Jurisdiction to appoint a mediator. The mediator will decide the time, place and rules for mediation. The parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the parties.

d. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

15. Definitions

In this agreement, unless the context otherwise requires, capitalised terms have the meaning given to them in the Details and:

Actively Participate
means playing an active role in applying the knowledge gained through provision of the Services to Your Business and includes:

a. prioritising participation in the Sessions;

b. undertaking any preparation required or suggested by us for any Session;

c. being actively engaged during the Sessions;

d. taking measures to implement all Strategies in a timely and comprehensive manner;

e. keeping us to-to-date with your progress;

f. seeking assistance or clarification from us when you are unclear of any part of the Services including anything contained in the Sessions, how the Strategies can be implemented in Your Business etc; and

g. raising any challenges you face in Your Business during the Term (e.g. in implementing the Strategies) with us and cooperating and working with us with a view to overcoming those challenges.

Business Day
means a day that is not a Saturday, Sunday or a public or bank holiday in the Jurisdiction. Business Records means all records created by you or on your behalf for the purpose of establishing and conducting Your Business.

Force Majeure Event
means any occurrence or omission as a direct or indirect result of which a party relying on it is prevented from or delayed in performing any of its obligations under this agreement and which is beyond the reasonable control of that party and could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

Invoice means
an invoice issued by us to you in respect of Services.

Intellectual Property
means all rights conferred by statute, common law or in equity and subsisting anywhere in the world in relation to:

a. registered and unregistered copyright;

b. inventions (including patents, innovation patents and utility models);

c. the Confidential Information;

d. registered and unregistered designs; and

e. registered and unregistered trade marks;

f. any other rights resulting from intellectual activity in the industrial, commercial, scientific, literary or artistic fields which subsist or may hereafter subsist;

g. any registered and unregistered business names;

h. any trademark and servicemark rights, whether registered or not, applications to register and registrations of the same and like protections

i. any domain names o;

j. any social media account;

k. any licence or other similar right from a third party to use any of the above;

l. any applications and the right to apply for registration of any of the above; and

m. any rights of action against any third party in connection with the rights included in paragraphs (i) to (vii) above, including any right to claim (and retain) any damages and other remedies (including an account of profits) for infringement.

Laws
means all applicable laws, orders, judgments, rules, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant party in connection with this agreement or the provision of the Services.

Liability
means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to this agreement or otherwise.

Our Confidential Information
means all information whether in writing or otherwise relating (in any way) to SheLaunch, the SheLaunch Group, the Business, the Services or the SheLaunch IP Rights (including the right to enforce an obligation to keep information confidential) including but not limited to:

a. the affairs or businesses, sales, method of operation, marketing or promotional information of SheLaunch including accounting records, business competitive and financial information which information, whether in the nature of trade secrets or otherwise, is not in the public domain (including any such information in SheLaunch’s power, possession or control concerning or belonging to any third party); and

b. all trade secrets, ideas, know-how, concepts, information in, arising out of, or associated with

the Business that is not generally known or readily ascertainable through lawful means, whether tangible or intangible, including ideas, concepts, formulas, algorithms, know-how, techniques, methods, processes, programs, designs, prototypes, systems and trade secrets.

Details
means the schedule headed ‘Details’ to which these terms and conditions are attached.

Revenue means all fees earned, paid or payable for services provided by Your Business, excluding any discounts and whether invoiced or not.

Sessions
means any sessions at which you are present or take part in for the purpose of us providing the Services to you. Sessions may be one-on-one meetings or group meetings and may be held in person or by electronic means (including pre-recorded interviews, discussions, speeches, presentations, training modules etc).

Strategies
includes all strategies and plans formulated by you and/or us during the Sessions or presented by us to you during the Sessions (including scripts for you to use in Your Business, worksheets etc).

Your Confidential Information
means all information whether in writing or otherwise disclosed by you to SheLaunch for the purpose of providing the Services and which:

a. relates (in any way) to Your Business;

b. would reasonably be considered to be proprietary to you (e.g. accounting records, business processes, and client records);

c. that is not generally known in in which Your Business operates; and

d. the release of which could reasonably be expected tocause harm to you.

16. GST

a. In this clause words and expressions that are not defined in this deed but which have a defined meaning in the Goods and Services Tax (A New Tax System) Act 1999 (Cth) have the same meaning as in that Act.

b. Except where specified to the contrary in this deed, all consideration payable under this deed in relation to any supply is exclusive of GST.

c. If GST is payable in respect of any supply made by a supplier under this deed (GST Amount), the recipient must pay to the supplier an amount equal to the GST payable on the supply. Subject to clause 7.4, the recipient must pay the GST Amount at the same time and in the same manner as the consideration for the supply is to be provided under this deed in full and without deduction, set off, withholding or counterclaim (unless otherwise provided in this deed).

d. The supplier must provide a Tax Invoice to the recipient before the supplier will be entitled to payment of the GST Amount under clause 7.3. For the avoidance of doubt, any Invoice must be in the form of a Tax Invoice.

17. Electronic execution

The parties acknowledge that this document may be signed electronically.

18. Notices

Any notice, demand, consent or other communication given or made under this agreement must be in writing and signed by a person duly authorised by the sender and must either be delivered to the intended recipient at the address noted in this agreement or to the address last notified by the intended recipient to the sender, or sent by email to your address or to the email address last notified by the intended recipient to the sender.

19. Entire agreement

This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement and supersedes any prior agreement or understanding on anything connected with that subject matter.

20. Force Majeure

a. Neither party has any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from a Force Majeure Event.

b. The party affected by a Force Majeure Event must promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.

c. If such circumstances continue for a continuous period of more than two months, either party may terminate this agreement by written notice to the other party.

21. Assignment

a. Subject to clauses 8 and 23(a), neither party may assign, delegate, subcontract or otherwise transfer any or all of its rights and obligations under this agreement without the prior written agreement of the other party.

b. A party may assign and transfer all its rights and obligations under this agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the other party to be bound by the obligations of the assignor under this agreement.

22. Severability

If anything in this deed is unenforceable, illegal or void, then it is severed and the rest of this deed remains in force.

23. Waiver

a. No waiver of a right or remedy under this deed is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose for which it is granted.

b. A single or partial exercise of a right or remedy under this deed does not prevent a further exercise of that or of any other right or remedy.

c. Failure to exercise or delay in exercising a right or remedy under this deed does not operate as a waiver or prevent further exercise of that or any other right or remedy.

24. Remedies cumulative

The rights, powers and remedies provided to a party in this deed are in addition to, and do not exclude or limit, any right, power or remedy provided by law or equity or by any agreement.

25. Variation

No variation of this deed is effective unless made in writing and duly executed by each party.

26. Counterparts

This agreement may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.

27. Governing law & Jurisdiction

This agreement is governed by the law applying in the Jurisdiction. The parties submit to the non-exclusive jurisdiction of the courts of the Jurisdiction, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to this deed.