Terms & Conditions

1. Acceptance of these Terms

Welcome to Never Too Late Club. These Website Terms of Use (Terms) apply to your access to and use of the website located at www.nevertoolateclub.com (Website) and to your purchase of any Programs, Products or Merchandise through the Website.

The Website is owned and operated by Legally Savvy Pty Ltd (ABN 82 675 924 544) trading as Never Too Late Club (NTLC, we, us or our).

By accessing or using the Website, creating an account, or purchasing any Program, Product or Merchandise, you acknowledge that you have read and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, you should not use the Website.

We may update these Terms from time to time. The current version will always be published on the Website and, unless otherwise stated, changes take effect when published. Your continued use of the Website after changes are published constitutes acceptance of the updated Terms. Changes will not apply retrospectively to Programs, Products or Merchandise you have already purchased.

2. Definitions

In these Terms:

• Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

• Consequential Loss means indirect, incidental, special, punitive, exemplary or consequential loss or damage, including loss of revenue, loss of profits, loss of data, loss of opportunity or loss of goodwill.

• Content means all content and material on or available through the Website, including all text, graphics, designs, logos, images, audio, video, course materials, templates, workbooks, downloadable resources and software, and the selection and arrangement of them.

• Merchandise means any physical goods offered for sale through the Website.

• Programs means the online courses, programs, memberships, workshops, mentoring, events and similar offerings made available by NTLC from time to time, whether delivered online or in person.

• Products means any digital products, downloadable content or online resources made available for purchase through the Website.

• User Content means any content or material that you submit, post, upload or otherwise make available on or through the Website or in connection with a Program, including comments, posts, messages, reviews and feedback.

• you or your means the person accessing or using the Website or purchasing any Program, Product or Merchandise.

3. Legal Capacity

You must be at least 18 years of age to purchase any Program, Product or Merchandise through the Website. If you are under 18, you may only use the Website with the consent and supervision of a parent or guardian, and any purchase must be made by your parent or guardian on your behalf.

You warrant that all information you provide to us is true, accurate, current and complete.

4. Your Account

You may be provided with a user account or login to access certain Programs, Products or parts of the Website. If so, you agree that:

• you are responsible for maintaining the confidentiality of your login details and for all activity that occurs under your account;

• you will not share your login details with, or allow your account to be used by, any other person;

• your account is personal to you and may not be sold, transferred or assigned to any other person; and

you will notify us promptly of any unauthorised use of your account or any other breach of security.

5. Acceptable Use of the Website

You agree to use the Website in a lawful, safe and responsible manner. You must not:

• use the Website in breach of any applicable law or regulation, or for any fraudulent, misleading or malicious purpose;

• interfere with or disrupt the Website, or the servers or networks connected to it, or attempt to gain unauthorised access to any part of the Website or any connected system;

• transmit any viruses, malware or other harmful code, or use any robot, spider, scraper or other automated means to access, retrieve or index any portion of the Website;

• impersonate any person or entity, or misrepresent your affiliation with any person or entity;

• harvest or collect personal information about other users of the Website;

• reproduce, republish, sell, distribute or commercially exploit any Content, except as expressly permitted by these Terms; or

• use the Website to send spam or other unsolicited communications.

Where the Website or a Program includes community features (such as comments, forums or group chats), you must not post or share any User Content that is unlawful, misleading, deceptive, defamatory, obscene, offensive, harassing or threatening, that infringes any person’s intellectual property, privacy or other rights, that discloses another person’s confidential information without consent, or that promotes a competing business without our permission. You are solely responsible for your User Content. We may review, moderate, remove or decline to display any User Content at our discretion.

If you breach these Terms, we may suspend or terminate your access to the Website or any Program in accordance with clause 15.

6. Programs and Digital Products

Access to a Program or Product will be granted once payment has been received in full (or, where a payment plan is offered and accepted, in accordance with the payment plan).

Access to Programs and Products is personal to you and non-transferable. You must not share your login details or distribute any Program or Product materials to any person who has not purchased them.

Specific terms may apply to individual Programs (for example, program duration, inclusions, payment plans and any program-specific guarantee). Those terms will be made available to you at or before the time of purchase and, to the extent of any inconsistency, will prevail over these Terms in respect of that Program.

Live sessions forming part of a Program (such as workshops, group calls or Q&A sessions) may be recorded so that replays can be made available to participants. We will let you know if a session is being recorded, and you may turn your camera and microphone off if you do not wish to appear. We will not use any recording in which you are identifiable for marketing or promotional purposes without first obtaining your consent.

We may update, improve or vary the content and structure of a Program or Product from time to time, provided the changes do not materially reduce its overall value. You are responsible for ensuring you have the necessary technology and internet access to participate in Programs and access Products.

7. Merchandise Orders, Shipping and Delivery

By placing an order for Merchandise through the Website, you make an offer to purchase the Merchandise at the price displayed at the time of your order. We accept your order when we confirm it in writing (including by email) or dispatch the Merchandise, whichever occurs first.

We may decline or cancel an order before acceptance, including where the Merchandise is unavailable, where there has been an error in pricing or product description, or where an order does not pass our payment verification procedures. If we decline or cancel your order after payment has been received, we will refund the amount paid in full.

Merchandise will be delivered to the address you provide using third-party delivery providers. Delivery timeframes shown on the Website are estimates only. Please ensure your delivery details are correct at the time of ordering; if you notice an error, contact us as soon as possible and we will do our best to assist.

Risk in Merchandise passes to you on delivery. Title in Merchandise passes to you when payment has been received in full.

8. Prices, Payment and GST

All prices displayed on the Website are in Australian dollars (AUD) and, unless otherwise stated, are inclusive of GST. Where applicable, shipping costs for Merchandise will be displayed at checkout before you complete your order.

We may change our prices from time to time, but any change will not affect an order that has already been placed and accepted.

Payment must be made in full at the time of ordering (or in accordance with an agreed payment plan) using one of the payment methods offered at checkout. Payments are processed through a third-party payment gateway (such as Stripe), and are subject to the payment provider’s own terms and privacy policy. We do not store your full credit card details.

Where a Program is purchased on a payment plan, the payment plan is a deferred payment arrangement and not a subscription. You remain liable for all instalments, and we may suspend your access to the Program if an instalment remains unpaid after we have notified you and given you a reasonable opportunity to bring your payments up to date.

9. Refunds, Returns and Cancellations

Our Programs, Products and Merchandise come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have goods repaired or replaced, or services resupplied, if they fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms excludes, restricts or modifies those rights.

Programs and Products: because you receive immediate access to digital content on purchase, we do not offer refunds for change of mind in respect of Programs or Products. If you voluntarily withdraw from a Program, you remain responsible for the full price of that Program, including any remaining instalments under a payment plan. Any program-specific guarantee or refund offer will be set out in the terms for that Program.

Merchandise: if you change your mind, you may request an exchange or store credit within 14 days of delivery, provided the Merchandise is unused, in its original condition and packaging, and you can provide proof of purchase. Change-of-mind returns are at our discretion and return shipping is at your cost. If Merchandise is faulty, damaged or not as described, you are entitled to a remedy under the Australian Consumer Law and we will cover the reasonable cost of returning the item.

Events: if we cancel or reschedule a live event or Program for reasons other than your breach of these Terms, we will offer you a transfer to an alternative date or a refund of the unused portion of the price paid.

Where a refund is given, it will usually be processed using the same payment method you used for the original purchase.

10. Intellectual Property

All Content is owned by or licensed to NTLC and is protected by Australian and international intellectual property laws. We grant you a personal, non-exclusive, non-transferable and revocable licence to access and use the Content for your own personal, non-commercial use. You must not reproduce, republish, distribute, sell, adapt or create derivative works from any Content, or use any Content for a commercial purpose, without our prior written consent.

The Never Too Late Club name and logo, and the look and feel of the Website, are the trade marks and trade dress of NTLC and may not be used without our prior written consent.

By making any User Content available through the Website or a Program, you grant NTLC a non-exclusive, perpetual, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish and display that User Content in connection with operating, providing, marketing and promoting the Website, our Programs, Products and Merchandise. You warrant that you have the right to share your User Content and that it does not infringe the rights of any other person. Nothing in this clause requires us to display or retain any User Content.

If you believe any material on the Website infringes your copyright or other intellectual property rights, please contact us at [insert contact email] with details of the alleged infringement and we will investigate promptly.

11. Third-party Links and Services

The Website may contain links to, or enable access to, third-party websites, content or services (including payment gateways and delivery providers). These are provided for convenience only. We do not endorse, and are not responsible for, third-party websites, content or services, and your use of them is subject to the relevant third party’s own terms and policies.

12. Disclaimers

The Content and our Programs and Products are provided for general information and educational purposes only. They do not constitute legal, financial, tax or other professional advice, do not take into account your individual circumstances, and do not create a solicitor-client or other professional relationship between you and NTLC or any of its directors or presenters. You should obtain advice from a qualified professional before acting on any information provided through the Website or a Program.

While we aim to provide high-quality, practical education and support, we make no promise or guarantee about the results or outcomes you will achieve. Your results depend on many factors, including your own circumstances, effort and application. Any testimonials or case studies on the Website are illustrations of individual experiences only and are not a guarantee that you will achieve the same or similar results.

Subject to clause 13, the Website is provided on an “as is” and “as available” basis. We do not promise that the Website will be uninterrupted, error-free or free from viruses or other harmful components, and we cannot guarantee the security of information transmitted over the internet.

13. Limitation of Liability

Certain legislation, including the Australian Consumer Law, implies guarantees and imposes obligations that cannot be excluded, restricted or modified, or can only be limited to a certain extent. These Terms must be read subject to those statutory provisions, and nothing in these Terms is intended to exclude, restrict or modify any right or remedy you have under them.

Where legislation permits us to limit our liability for breach of a non-excludable guarantee, condition or warranty, our liability is limited, at our option: in the case of goods, to the replacement or repair of the goods, the supply of equivalent goods, or the payment of the cost of doing so; and in the case of services, to the resupply of the services or the payment of the cost of having the services supplied again.

Subject to the above, and to the maximum extent permitted by law: (a) we exclude all liability for Consequential Loss arising out of or in connection with these Terms, the Website, or any Program, Product or Merchandise; and (b) our total aggregate liability to you arising out of or in connection with these Terms is limited to the amount you paid for the Program, Product or Merchandise to which the claim relates.

14. Indemnity

You indemnify NTLC and its directors, employees and agents against any loss, liability, cost or expense (including reasonable legal costs) suffered or incurred by any of them arising out of or in connection with your breach of these Terms, your User Content, or your unlawful or negligent acts or omissions, except to the extent that the loss was caused or contributed to by us.

15. Termination

We may suspend or terminate your access to the Website, or to any Program or Product, by notice to you if:

you are in material breach of these Terms (including the acceptable use rules in clause 5);

any amount properly payable by you remains unpaid after we have notified you and given you a reasonable opportunity to pay;

we reasonably believe your conduct may cause harm, damage or legal liability to us, to other participants or to any other person; or

we are required to do so by law.

If we permanently withdraw a Program or Product for reasons other than your breach of these Terms, we will refund you the unused portion of the price paid.

Clauses dealing with intellectual property, disclaimers, limitation of liability, indemnity, dispute resolution and governing law survive termination of these Terms.

16. Dispute Resolution

If you have a problem or concern arising out of these Terms or your use of the Website, please contact us first at hi@nevertoolateclub.com and we will work with you in good faith to try to resolve it.

If a dispute cannot be resolved between the parties within a reasonable time, the parties agree to refer the dispute to mediation administered by the Resolution Institute (Australia) before commencing court proceedings. Nothing in this clause prevents either party from seeking urgent interlocutory relief, or limits any rights you have under the Australian Consumer Law.

17. General

Severability: if any provision of these Terms is held to be illegal, invalid or unenforceable, that provision may be severed and the remaining provisions will continue in full force and effect.

Assignment: you may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms as part of a restructure or sale of our business, provided your rights are not adversely affected.

Waiver: a failure by either party to enforce a right under these Terms does not amount to a waiver of that right or of any other right.

Force majeure: we are not liable for any delay or failure to perform our obligations (other than an obligation to pay money) caused by circumstances beyond our reasonable control, and we will be entitled to a reasonable extension of time to perform those obligations.

Entire agreement: these Terms, together with our Privacy Policy and any program-specific terms provided to you, constitute the entire agreement between you and NTLC in relation to your use of the Website and supersede any prior understanding or arrangement, whether oral or written.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

19. Contact Us

If you have any questions about these Terms, the Website, or any Program, Product or Merchandise, please contact us at:

Legally Savvy Pty Ltd trading as Never Too Late Club (ABN 82 675 924 544)

Email: hi@nevertoolateclub.com