1. About the Website

1.1. Welcome to www.leannekelly.com.au (Website). The Website provides you with an opportunity to browse and make bookings for a call to discuss the services of Leanne Kelly (Services).

1.2. The Website is operated by Leanne Kelly (abn:45134627308) (Leanne Kelly). Access to and use of the Website, or any of its associated Services, are provided by Leanne Kelly. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Leanne Kelly reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Leanne Kelly updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website.

3. Bookings

3.1. Leanne Kelly provides you with the opportunity to make a booking for a time to discuss the Services, to be made via the online booking system offered from time to time (Booking System). Any such booking is not confirmation that services will be provided to you, and is not confirmation of any engagement of Leanne Kelly.

3.2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.

4. Copyright and Intellectual Property

4.1. You acknowledge that the Website, Leanne Kelly’s name, Services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Leanne Kelly or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (the Content).

4.2. You hereby indemnify and agree to keep indemnified Leanne Kelly against all liability, losses or expenses incurred by Leanne Kelly in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Leanne Kelly or any third party by you or your agents.

4.3. You may not, without the prior written permission of Leanne Kelly and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

4.4. For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Leanne Kelly, Leanne Kelly grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

5. Privacy

Leanne Kelly takes your privacy seriously and any information provided through your use of the Website and/or the Services are subject to the Leanne Kelly’s Privacy Policy.

6. General Disclaimer

6.1. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

6.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Leanne Kelly will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

6.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Leanne Kelly make any express or implied representation or warranty about the Services (including the Services of Leanne Kelly) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website or any of its Content related Services (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website or any of the Services; and
(d) the Services or operation in respect to links which are provided for your convenience.

7. Mailing List Registration

7.1. You may be given the option to register for the Leanne Kelly Mailing List (Mailing List).

7.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(e) Email address
(f) Name

7.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Leanne Kelly.

8. Limitation of Liability

8.1. Leanne Kelly’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services from Leanne Kelly to you.

8.2. You expressly understand and agree that Leanne Kelly, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

9. Indemnity

You agree to indemnify Leanne Kelly, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.

10. Venue and Jurisdiction

The Services offered by Leanne Kelly are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia.

11. Governing Law

The Terms are governed by the laws of Western Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

12. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

13. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.