Please READ carefully. By purchasing this product, the following Terms and Conditions (the “Agreement”) are entered into by Simone Lord. (“Company”, “we”, or “us”) and You (“Client” or “You”), and You agree to the following terms stated herein. The Company and You may be referred to collectively as “Parties” in this Agreement.
Company agrees to provide Program, “Shifting to Healthy Habits” (herein referred to as “Program”) as outlined on the web page where You register, which may include digital or downloadable resources, an online course, one-on-one or group coaching, workshops, trainings online private forums operated by Company (for any purpose), whether on a website hosted by Company or a third-party website such as an online course platform or facebook.com. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
The Company will periodically make updates to the core program, and you will have access to updated materials for as long as the Company continues to offer the Program Area to its customers, which is what is referred to as “Lifetime Access” in our marketing materials.
From time to time, the Company may offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrolment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.
This Program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.
This Program is intended to be utilized by individuals who identify as women / mothers / she / her who will implement the skills and strategies taught throughout the Program to their personal lifestyles.
The Company’s Terms of Use, Privacy Policy, 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 Program.
FEES
In consideration of Your access to the Program, you agree to pay the following fees.
You may choose between a single payment of $499 or 2 monthly payments of $265. If you select the
payment plan, you must pay the initial payment today and then your selected payment method will be
automatically charged the following 2 payments on a monthly basis, for a total payment of $530. If
you opt for monthly payments, you will remain responsible for those payments unless you obtain a
refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these
payments except through the Refund Policy. In the event that any payment is not made, the Company
shall immediately suspend your access to the Program and any bonuses, including loss of access.
METHODS OF PAYMENT
If paying by debit card or credit card, you give us permission to automatically charge your credit or
debit card for all fees and charges due and payable to the Company, without any additional
authorization, for which you will receive an electronic receipt. You also agree that the Company is
authorized to share any payment information and instructions required to complete the payment
transactions with its third-party payment service providers (e.g., credit card transaction processing,
merchant settlement, and related services).
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or
debit card automatically according to the terms set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: If all payment methods we have on file for
you are declined for payment of your monthly fee, you must provide a new payment method promptly
or your Program access will be terminated.
If you do not request a refund according to the Program’s Refund Policy set forth below, you are
required by law to complete the remaining payments of your payment plan and you authorize us
(without notice to you, unless required by applicable law) to collect any and all outstanding payments,
using any eligible payment method we have on record for your account.
REFUND POLICY
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply
all of the strategies in the course. The Company provides a 14-day money-back guarantee for the
Program. That money-back guarantee is governed by the following terms.
In order to qualify for a refund you must submit proof that you did the work in the course and it did
not work for you. In the event that you decide your purchase was not the right decision, contact our
support team at simone@slhf.com.au and let us know you’d like a refund within 14 days after the date
the first module is released, by 3:59pm AEST (“Refund Period”). You must include your coursework
with your request for a refund, as outlined below. If you request a refund and do not include your
coursework by the end of the Refund Period, you will not be granted a refund.
You must submit ALL of the following items with your request for a refund:
Requirement 1: Complete and attach your SMART goals and WHY statement
Requirement 2: Complete and attach the ‘Ultimate excel guide’ spreadsheet
Requirement 3: Tell us why this course was not a good fit for you and your family
needs. What did you expect that you did not get once inside the program?
We will NOT provide refunds for any request that comes more than 14 days after the date of Module 1
release. After the Refund Period, all payments are non-refundable and you are responsible for full
payment of the fees for the program regardless of whether you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within the Refund
Period, with the required coursework at the time of your refund request, you are required by law to
complete the remaining payments of your payment plan.
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 granted 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 information provided to you, including without limitation: video recordings, audio
recordings, forms, template documents, slide shows, membership areas, social media groups limited to
paying members, and other resources.
All refunds are discretionary as determined by Amy Porterfield, Inc. To further clarify, we will not
provide refunds for requests made after the Refund Period and all payments must be made on a timely
basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of
1.5% per month or the highest rate allowed by law, whichever is greater.
In all other cases, because of the extensive time, effort, preparation and care that goes into creating
and providing the Program, the Company has a no refund policy. Unless otherwise provided by law,
you acknowledge that we do not offer refunds for any portion of your payment for any of our Program
and no refunds will be provided to you. By using and/or purchasing our Program, you understand and
agree that, except for the limited refund policy described above, all sales are final and no refunds will
be provided.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to
completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat
or actual chargeback from your credit card company or payment processor. If a chargeback is placed
on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to
report the incident to all three credit reporting agencies or to any other entity for inclusion in any
chargeback database or for listing as a delinquent account, which could have a negative impact on
your credit report score. The information reported will include your name, email address, order date,
order amount, and billing address. Chargeback abusers wishing to be removed from the database shall
make the payment for the amount of the chargeback.
Company reserves the right, in its sole discretion, to determine how to discipline a participant who
violates these Terms. Therefore, if a participant disagrees with how the Company disciplines another
member and requests a refund, the Company will deny such request.
Furthermore, if a participant violates these Terms, the Company reserves the right, in its sole
discretion, to offer the participant another opportunity to abide by these Terms. If a participant
disagrees with the Company offering another participant a second opportunity to follow these terms,
no grounds for a participant to receive a refund would be created, and any request for a refund on this
basis shall be denied.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these
Terms, the Company may terminate your access and participation in the Program without notice and
without refund.
If you have any questions or problems, please let us know by contacting our support team directly. The
support desk can be reached at: simone@slhf.com.au
YOUR CONDUCT IN THE PROGRAM; CONFIDENTIALITY; USE OF YOUR MATERIALS
Please choose carefully the materials that you upload to, submit to, or embed on any website operated
by the Company and any third-party forums operated by the Company. Any material you post on the
Company’s website or in any third-party forums operated by the Company may become public.
The Company respects the privacy of its customers and will not disclose any information You provide
except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree
to respect the privacy of other Program participants and to respect the Company’s confidential
information.
Specifically, you shall not share any information provided by other Program participants outside of the
bounds of the Program unless you receive express written permission from such other participant to
share the information. Similarly, the content of the Program 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 Program with anyone other than the Company, it’s owners and
employees, and other Program participants.
You are responsible for your material and for any liability that may result from the material you post.
You participate, comment, and post material at your own risk. Any communication by you on the
Company’s website and any third-party forums operated by the Company, whether by leaving a
comment, participating in a chat, public or private forum, or other interactive service, must be
respectful. You may not communicate or submit any content or material that is abusive, vulgar,
threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or
the rights of others. You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or
submission to the Company’s and any third-party forums operated by the Company. The Company
does not, however, have any obligation to monitor posts, comments, or material submitted by third
parties. The Company neither endorses nor makes any representations as to the truthfulness or
validity of any third-party posts, comments, or material on the Company website or any third-party
forums operated by the Company. The Company shall not be responsible or liable for any loss or
damage caused by third-party posts, comments, or materials on the Company website and any third-
party forums operated by the Company.
You are strictly forbidden from the following:
Causing damage to any Company website or third-party forums operated by the
Company
Using any Company website or third-party forums operated by the Company for any
unlawful, illegal, fraudulent or harmful purpose or activity
Using any Company website or third-party forums operated by the Company to copy,
store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan
horse, keystroke logger or other malicious software
Using any Company website or third-party forums operated by the Company to
transmit, send or deliver unsolicited communications or for other marketing or
advertising purposes
Systematically or automatically collecting data from any Company website or third-
party forums operated by the Company
Sharing private and proprietary information from the Program or other participants
with anyone else
Discriminatory speech, hate speech, comments, or actions against another member
based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or
other labels
The Company does its best to create a safe and welcoming space for all participants, however,
Company cannot guarantee that all participants will follow these guidelines. Company, in its sole
discretion, may remove any participant’s comments, posts, content or materials, however, Company
does not have a duty to review all comments, posts, content and material shared within any online
private forums or groups or on any group call. Therefore, Company shall not be held liable for any
participant’s comments, actions, posts, content or materials that result in another participant’s
trauma or discomfort.
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other
products, groups, programs, or events to Program participants on any Company website or third-party
forums operated by the Company, whether or not officially sanctioned, owned, or operated by the
Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on
social media or any other platform.
We may also post separate rules regarding your behavior in any online community or forum, whether
hosted on the Company’s website or a third-party website, which may be updated from time to time.
You agree that you are bound by those rules and they are expressly incorporated into this Agreement.
By posting or submitting any material in the Facebook group, such as questions, comments, posts,
photos, images, videos or other contributions, you are representing to us that you are the owner of all
such materials and you are at least 18 years old. You are also granting us, and anyone authorized by
us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license
to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform
or display your contributions, in whole or in part, in any manner or medium, now known or developed
in the future, for any purpose, and granting us the right to make it part of our current or future
program or other content. This right includes granting us proprietary rights or intellectual property
rights under any relevant jurisdiction without any further permission from you or compensation by us
to you. You acknowledge that we have the right but not the obligation to use any contributions from
you and that we may elect to cease the use of any such contributions in the program at any time for
any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls,
webinars, or other communications, that may be made by the Company during the Program that may
contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to
use these photographs, videos, and or/audio recordings and/or any other materials submitted by you
to the Company or created by the Company in connection with your participation in any Program,
without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you by
name, email address, or screen name as the author and individual depicted in any comments, posts,
photos, images, videos or other contributions created by you or the Company that reference the
Company or the program, and to identify you as a member of the program by name, email address, or
screen name, for any purposes, including commercial purposes and advertising.
USERNAME AND PASSWORD
To access certain features of the Program, including any private membership areas, you may need a
username and password. You agree to keep your username and password confidential. During the
registration process for any service or product, you agree to provide true, accurate, current and
complete information about yourself. If the Company has reasonable grounds to suspect that you have
provided false information, shared your username and password with anyone else, or forwarded any
non-public material from the Program to any other person, the Company has the right to suspend or
terminate your account and refuse any and all current or future use of the Program or any of its
content, in whole or part, without refund. Any personally identifiable information you provide as part
of the registration process is governed by the terms of the Company’s website Privacy Policy.
NO TRANSFER OF INTELLECTUAL PROPERTY; LIMITED LICENSE
All content included as part of the Program, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used in the Program, is the property of the Company or its
suppliers and protected by copyright, trademark, 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 Program are the trademarks of their respective
owners.
As a purchaser or participant in the Program, you are our Licensee. For the avoidance of doubt, you
are granted a revocable, non-transferable license for personal, non-commercial use only, limited to
you only.
This means you may view, download, print, email and use one copy of individual pages of the Program
and Content for your own personal purposes or your own business only.
Your participation in the Program does not result in a transfer of any intellectual property to You,
and, as a condition of participation in the Program, You agree to observe and abide by all copyright
and other intellectual property protection.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family,
or any other third party, or otherwise use any material from the Program or Content for commercial
purposes or in any way that earns you or any third party money (other than by applying them
generally in your own business). By downloading, printing, or otherwise using the Program or any
Company content for personal use you in no way assume any ownership rights of the Content – it is
still Company property. Any unauthorized use of any materials found in the Program or Content shall
constitute infringement.
The Company content is not for resale. Your participation in the Program 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 Program will be terminated immediately, and you shall
not be entitled to a refund of any portion of the fees.
Your use of any materials found in the Program or Content other than that expressly authorized in this
agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to
pay liquidated damages of five (5) times the total fees paid for the Program in the event of your
Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any
legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an
agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this
Agreement would cause irreparable injury to Us that may not be adequately compensated by damages,
entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
FORCE MAJEURE
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,
pandemic, death, illness or incapacity of Simone Louise, explosion, any local, state, federal, national or
international law, governmental order or regulation, 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 (collectively, “Force Majeure Event”). Upon
occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform
or of delay in completing the Program and shall propose revisions to the schedule for completion of the
Program or other accommodations, or may terminate this Agreement.
SEVERABILITY
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. The remainder of this Agreement will remain in full force and the
invalid or unenforceable provision will be replaced by a valid or enforceable provision.
DISCLAIMERS AND RELEASE
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or
agency relationship. The Company is agreeing only to provide Client with access to the Program, which
provides education and information. The information contained in the Program, including any
interactions with the instructors, is not intended as, and shall not be understood or construed as,
professional advice.
You agree to absolve and do hereby absolve and release the Releasees (defined below) from 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 Program and/or any information and resources contained in the Program. You agree that
Releasees 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 Program, including its content,
materials, products or services, or third-party content, materials, products or services made available
through the Program.
The information, software, products, and service included or available through the Program may
include inaccuracies or typographical errors. Changes are periodically added to the information in the
Program. The Company and/or its suppliers may make improvements and/or changes in the Program
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 Program 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 Program, with the delay or inability to
use the Program or related service, the provision of or failure to provide services, or for any
information, software, products, services, and related graphics obtained through the Program, or
otherwise arising out of the use of the Program, 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 Program or any portion of it, your sole and exclusive remedy is to discontinue
using the Program.
In the event that the release and hold harmless provision is held unenforceable for any reason, you
agree to limit any damages claimed to the total paid to the Company for the Program.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The
Company is not responsible for or liable for any content on or actions taken by such third-party
company or website. Although the Company may recommend third-party sites, products or services, it
is your responsibility to fully research such third parties before entering into any transaction or
relationship with them.
Client understands Amy Porterfield (herein referred to as “Consultant”) and the Company are not an
agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician,
or financial analyst or advisor, psychotherapist, medical professional or accountant. Client
understands that Consultant and the Company have not promised, shall not be obligated to and will
not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any
business management functions including but not limited to, accounting, tax or investment consulting,
or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological
counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to
procure any publicity, interviews, write-ups, features, television, print or digital media exposure for
Client; (6) introduce Client to Consultant’s or Company’s network of contacts, media partners or
business partners. Client understands that a relationship does not exist between the parties after the
conclusion of this program. If the Parties wish to continue their relationship, they shall execute a
separate agreement.
SECURITY
Security for all personally identifiable information is extremely important to us. Unfortunately, no data
transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to
protect your personal information, The Company cannot ensure or warrant the security of any
information you transmit via the internet. By transmitting any such information to the Company, you
accept that you do so at your own risk.
USERS OUTSIDE AUSTRALIA
The Company controls and operates the Program from offices in the Australia. The Company does not
represent that materials on the Program are appropriate or available for use in other locations. People
who choose to access the Program from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the
Simone Louise Health & Fitness, website and purchasers shall be notified.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Program and
the related services or any portion thereof at any time, without notice, if You become disruptive to the
Company or other Program participants, if You fail to follow the Program guidelines, or if You
otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and
shall not be excused from any remaining payments under a payment plan in the event of termination.
In the event you decide to cancel your participation in the Program, You will not be issued a refund for
any remaining days or months of the Program after your cancellation, and any remaining instalment,
default, or late payments will be due immediately.
In the event of cancellation or termination, you are no longer authorized to access the part of the
Program or its content. The restrictions imposed on you in this Agreement with respect to the Program
and its content will still apply now and in the future, even after termination by you or the Company.
INDEMNIFICATION AND HOLD HARMLESS
You agree to indemnify, defend, release and hold harmless the Company, its subsidiaries, affiliated
companies, owners, members, managers, directors, officers, past and present employees, agents,
coaches, representatives, successors and assigns; any Company volunteers; and Amy Porterfield
(collectively “Releasees”) for, from and against any losses, costs, liabilities, and expenses (including
reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program 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 defence 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 defences.
RESOLUTION OF DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of New South Wales
without giving effect to its conflict of laws principles. By using the Program, you hereby submit to the
exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in
such courts and waive any defence of forum non convenient. The prevailing party in any dispute
between the parties arising out of or related to this Agreement, whether resolved by negotiation,
mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
EARNINGS DISCLAIMER
Every effort has been made to accurately represent our programs and the educational value they
provide.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by
Facebook, nor have they been reviewed tested or certified by Facebook.
However, there is no guarantee that you will earn any money using the techniques and ideas in these
materials. When we present client outcomes on our website and our other channels, we are
showcasing exceptional results, which do not reflect the average experience.
You should not rely on any testimonial information we present as any kind of promise, guarantee, or
expectation of any level of success or earnings. Your results will be determined by a number of factors
over which we have no control, such as your financial condition, experiences, skills, level of effort,
education, and changes within the market. Subject to our Refund Policy, we provide content without
any express or implied warranties.
By continuing to use our site and access our content, you agree that we are not responsible for any
decision you may make regarding any information presented or as a result of purchasing any of our
products or services. Any claims made of actual earnings or examples of actual results can be verified
upon request.
If you do not understand or agree with any of these conditions, please do not order this material. If
you require further clarification, please contact simone@slhf.com.au
Simone Lord
5 Elmwood Way Wilton NSW 2571
Email Address: simone@slhf.com.au
Last Updated: March 7, 202
