Emma Romano & Hypnosuccess ABN 34 261 731 249

1. Definitions

1.1. “CCA” means Competition and Consumer Act 2010.

1.2. “Client” means the person that enrols into any program which incorporates these Terms and Conditions (Enrollment Form) being the person entering into the arrangements detailed in these Terms and Conditions and extends to their administrators, executors, heirs, and permitted transferees.

1.3. “Costs” means the costs to be paid by the Client to Emma Romano in respect of the Programs as detailed in the Enrollment Form or page.

1.4. “Financial Details” means the information provided within the Enrollment Form or page.

1.5. “Payment Plan” means those payment options in respect of the Costs for the Programs as detailed in the Enrollment Form or page.

1.6. “Emma Romano” means Emma Romano & HypnoSuccess, ABN 34 261 731 249, 441 Bell Street Pascoe Vale South VIC 3044, its successors and assigns or any other person acting on behalf of or with the authority of Emma Romano Pty Ltd.

1.7. “Programs” means the services and products as detailed within the Enrollment Form or page.

2. Acceptance

2.1. The Client is taken to have exclusively accepted and is immediately bound by these Terms and Conditions when the Client completes the Enrollment Form or page.

2.2. These Terms and Conditions may only be amended with Emma Romano’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Emma Romano.

2.3. Before the Client may participate in the Programs, the Enrollment Form or page, incorporating these Terms and Conditions must first be completed and signed by the Client and submitted to Emma Romano, either by hand delivery or email.

2.4. Emma Romano will not accept the Client to participate in the Programs where the Client has not properly completed and submitted the Enrollment Form or page.

2.5. The Client accepts that results from the Programs are not guaranteed, as results are dependent on the successful delivery and execution by both parties, therefore the Client accepts and has a full understanding of this upon completing the Enrollment Form or page.

3. Costs and Payment

3.1. The Costs of the Programs are detailed in the Enrollment Form, which details the options for the Client for payment plans.

3.2. These Costs detailed shall be valid for a period of fourteen (14) days from the date that the Client is given the Enrollment Form and, if the Client does not complete the Enrollment Form within that period, Emma Romano reserves the right to change the Costs.

3.3. The Client acknowledges that he/she is obliged to make payment in full of the Costs until full payment of the Costs is completed.

3.4. Time for payment of the Costs (and each payment to be made pursuant to the Payment Plan), shall be of the essence and all payments to be made by the Client must be strictly in accordance with the Terms of this Agreement.

3.5. All payments must be made by eftpos, credit card, or bank transfer.

3.6. The Costs are inclusive of GST.

3.7. Specific financing arrangements, if any, will be detailed in the Enrollment Form or separate agreements.

4. Refund Policy

4.1. The Client has fourteen (14) days, from the date of this agreement to request a cancellation of the agreement going forward. The approval of the request will be subject to the Client having an exit coaching call with one of Emma Romano’s Coaches.

4.2. To the full extent permissible by law, no payments, other than any specified deposit, made by the Client are refundable due to the considerable costs incurred in the initial setup.

4.3. Beyond the fourteen (14) day cooling-off period, there are no refunds.

5. Acknowledgements

5.1. The Client acknowledges that he/she has made their decision to enter into this Agreement based upon their own investigations and understanding of the Programs and that he/she has not relied upon any inducement, warranty, or representation from Emma Romano in determining to complete the Enrollment Form or to participate in the Programs.

5.2. The Client acknowledges and agrees that he/she shall have no claim nor demand upon Emma Romano in the event that the Client perceives that the Programs are not in accordance with the Client’s expectations. In that regard, the Client acknowledges that he/she has had the opportunity to make full investigations and inquiries relating to the Programs and to ask Emma Romano and its representatives all such questions relating to the Programs and to request all such information from Emma Romano that he/she requires in determining to complete the Enrollment Form.

5.3. Under applicable State, Territory, and Commonwealth Law (including without limitation the CCA), certain statutory implied guarantees and warranties (including without limitation the statutory guarantees under the CCA) may be implied into these Terms and Conditions (Non-Excluded Guarantees).

5.4. Emma Romano acknowledges that nothing in these Terms and Conditions purports to modify or exclude the Non-Excluded Guarantees.

5.5. Except as expressly set out in these Terms and Conditions or in respect of the Non-Excluded Guarantees, Emma Romano makes no warranties or other representations under these Terms and Conditions including but not limited to the quality or suitability of the Programs. Emma Romano’s liability in respect of these warranties is limited to the fullest extent permitted by law.

5.6. If the Client is a consumer within the meaning of the CCA, Emma Romano’s liability is limited to the extent permitted by Section 64A of Schedule 2.

5.7. If the Client is not a consumer within the meaning of the CCA, Emma Romano’s liability is limited as detailed in the Enrollment Form or separate agreements.

6. Default

6.1. Interest on overdue money to be paid by the Client pursuant to this Enrollment Form shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of one per cent (1%) per month.

6.2. If the Client owes Emma Romano any money (Debt), the Client shall indemnify Emma Romano from and against all costs and disbursements incurred by Emma Romano in recovering the Debt (including but not limited to internal administration fees, legal costs on a solicitor and own Client basis, collection agency costs, and any bank dishonour fees).

6.3. Without prejudice to any other remedies Emma Romano may have, if at any time, the Client is in breach of any obligation (including those relating to payment) under these Terms and Conditions, Emma Romano may suspend or terminate the Client’s access to all components of the Programs and any other Services. In this event, Emma Romano will not be liable to the Client for any loss or damage the Client suffers because Emma Romano has exercised its rights under this Clause.

6.4. Without prejudice to Emma Romano’s other remedies at law, Emma Romano shall be entitled to cancel all or any part of the Programs or any other Service to be provided to the Client by Emma Romano, pursuant to these Terms and Conditions, and all amounts owing to Emma Romano shall, whether or not due for payment, become immediately payable if:

6.4.1. any money payable to Emma Romano becomes overdue, or in Emma Romano’s opinion, the Client will be unable to make a payment when it falls due;

6.4.2. the Client becomes insolvent, or enters into any scheme of arrangement with creditors, or makes an assignment for the benefit of its creditors; or

6.4.3. a trustee is appointed in respect of the Client’s estate or any asset of the Client.

6.5. If the Client has not met agreed deadlines or provided circumstances that warrant an extension, the project will be void after 3 months, with no refunds provided.

6.5.1. Any justifiable reasons to extend the project need to be submitted in writing via email, by the Client.

6.5.2. Emma Romano has the discretion to accept or reject this request with a reason for the decision being given in writing to the client, via email.

7. Cancellation

7.1. Emma Romano may cancel any component of the Programs at any time before the component is due (or delivering any other Service to the Client). On giving such notice, Emma Romano shall repay to the Client any money paid by the Client for that component or Service. Emma Romano shall otherwise not be liable for any loss or damage whatsoever arising from such cancellation.

8. Privacy Act 1988

8.1. The Client agrees that Emma Romano may exchange information about the Client with those involved in providing the service for the following purposes:

8.1.1. To assess the Client’s ability to meet its obligations under this Agreement; and/or

8.1.2. To assess the creditworthiness of the Client.

8.2. The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history, or credit capacity that providers are allowed to exchange under the Privacy Act 1988.

8.3. The Client consents to Emma Romano using a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

8.4. The Client agrees that personal credit information provided may be used and retained by Emma Romano for the following purposes (and for other purposes as shall be agreed between the Client and Emma Romano or required by law from time to time):

8.4.1. The provision of Programs; and/or

8.4.2. The marketing of Programs by Emma Romano and its agents; and/or

8.4.3. Analyzing, verifying, and/or checking the Client’s credit, payment, and/or status in relation to the provision of Programs; and/or

8.4.4. Processing of any payment instructions, direct debit facilities, and/or credit facilities requested by the Client; and/or

8.4.5. Enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Programs.

9. General

9.1. The failure by Emma Romano to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect Emma Romano’s right to subsequently enforce that provision.

9.2. These Terms and Conditions and any contract to which they apply shall be governed by the laws of the state in which Emma Romano operates, and are subject to the jurisdiction of the Courts in that State.

9.3. Emma Romano shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense suffered by the Client arising out of a breach by Emma Romano of these Terms and Conditions.

9.4. The Client agrees that Emma Romano may amend these Terms and Conditions at any time. If Emma Romano makes a change to these Terms and Conditions, then that change will take effect from the date on which Emma Romano notifies the Client of such change.

9.5. Emma Romano shall not be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, storm, or other events beyond the reasonable control of Emma Romano.

9.6. The Client acknowledges and agrees that Emma Romano has the exclusive right, title, and interest in and to its intellectual property and the Client acknowledges that it does not have any rights in Emma Romano’s intellectual property. The Client must not use Emma Romano’s intellectual property without its prior written approval.

10. Copyright, Licensing & Ownership

10.1. All work conducted by Emma Romano, specifically related to and used within the Client’s engagement, remains the ownership of the Provider and is licensed exclusively to the Client for use within the scope of the engagement only.

10.2. In the event of a termination of the Client’s engagement, Provider will consider any reasonable offers to either offer a continuation of the Licensing Arrangement of Copyrighted work, or to consider the complete assignment of ownership over to the Client.

11. Service of Notice

11.1. A party to this Agreement may serve a Notice upon the other party by:

11.1.1. Personal service on the other party; or

11.1.2. Pre-paid post to the other party at the address shown within this Agreement for that party; or

11.1.3. By sending it by email to the email address of the addressee shown on this Agreement.

11.1.4. Service is effected two (2) days after posting, if a Notice or Request is posted.

12. Indemnity Clause

12.1. The Client holds Emma Romano harmless from any action, claims, liability, or loss in respect of the performance of the services, as long as Emma Romano has provided all deliverables, unless the Client is known to be the cause of the delivery delay.

12.2. Emma Romano acknowledges that it is not authorized to provide financial product advice and makes no attempt to do so. Further to this, Emma Romano recommends any financial decisions made by the client as a result of knowledge or material provided by Emma Romano must be Independently reviewed by a Financial advisor of the Clients choice.,