These Terms and Conditions govern your use of the Programs provided to you by The Consistent Me Company (“The Consistent Me” or “Company” as used in these Terms) trading as Lisa Barry, at the website/s located at or from www.thelisabarry.com (the “Site”). By using the Services, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use The Consistent Me Company’s Services or Programs. As used in these Terms, “you” and “Customer” refers to you as our customer personally, and/or the company or other entity who is our customer, who is or will be using our Programs. The terms “we” and “our” refer to The Lisa Barry or The Consistent Me Company.
1. Who May Use the Programs
In order to use the Programs, it is necessary for you to pay the fees that are required within the specified timeframe. You are only permitted to use the Programs in accordance with the Terms outlined. Accessing the Site and/or making an order through it is restricted to individuals who are above 18 years of age. By using the Programs, you accept full responsibility and liability for your actions. It is strictly prohibited to share your login information or credentials with any other individual or organization.
2. Limitations on Use of the Programs
By using the Programs, you agree to comply with all applicable laws and regulations and not violate any legal rights or protections, privacy or intellectual property rights, or regulations. This includes but is not limited to laws and regulations related to email solicitation, spam, phishing, fraud, deformation, discrimination, harassment, terrorism, and the like. You also cannot use the Programs to promote products or services on third-party platforms, social media, or websites where it violates the party's terms of use or user or community guidelines. You are solely responsible for complying with any data protection and privacy laws and rules that apply to sensitive information. If The Consistent Me Company has a good faith belief that you have violated the law or someone's legal rights, it may temporarily or permanently disable your access to the Site or Programs. You cannot use the Services in connection with any website or platform containing misleading, fraudulent, defamatory, obscene, violent, illegal, harassing, hateful, or pornographic content.The Consistent Me Company has the sole discretion to determine if such content is present. You are solely responsible for any data posted to your account and release The Consistent Me Company from any responsibility for any wrongs or violations committed by you in connection with your use of the Services. If you violate any provision of this Section 2, we have the right to immediately suspend your use of the Services without prior notice and without refunding any fees paid.
3. Your account on The Consistent Me Company
To access Sites, it is not allowed to use automated methods like robots or computer code unless you have been given express written permission. Each user is required to provide a valid email address and complete the signup process to create a login.
The sharing of account login credentials is strictly prohibited, and it is your responsibility to maintain the security of each user's account and ensure that they comply with the terms. If you fail to comply with the terms, The Consistent Me Company will not be liable for any loss or damage. Additionally, you are solely responsible for any data posted to your account, regardless of whether or not you personally posted it.
4. Disclaimer
The objective of The Consistent Me Company is to provide aid and support towards achieving your goals in life. However, the level of success you attain is primarily determined by your own exertion, drive, commitment, and ability to follow through. It is impossible for us to foresee and pledge that you will achieve a specific outcome, and it is important for you to acknowledge that results vary from person to person. The results you achieve are based on your individual circumstances, devotion, aspiration, motivation, actions, and various other factors. You completely acknowledge that there are no guarantees regarding the precise outcome or consequences that you may receive from utilizing the information offered on this website or any program. You are exclusively accountable for the outcome you achieve.
5. Our Services/Programs.
Our pages offers the option to purchase a program (referred to as "Program").b. By placing an order with our Company, you are indicating your interest in purchasing the Program at the listed price, which may be a one-time payment or a recurring subscription.c. If we accept your order, a binding agreement is created between you and us for the delivery of the Program according to the terms and conditions outlined.d. You are responsible for reviewing and confirming the details of your order, including the selected Program, pricing, and billing frequency, before submitting the order.e. Upon successful payment, we will send an email confirmation with instructions on accessing the Program.f. You are not permitted to share your Program access details with anyone other than the individual who will be participating in the Program.g. If you are purchasing the Program for someone else, we will provide each participant with a unique access code.h. A suitable device and strong internet connection are necessary for accessing the Program content.i. Access to the Program is limited to the period of time specified unless an additional subscription is purchased.j. If you encounter any issues or have questions about accessing or using the Program, please email us and we will respond as soon as possible.k. While we strive to ensure the accuracy and completeness of the Program's content and materials, we do not guarantee or warrant their accuracy, completeness, or suitability for any particular purpose. The content is subject to change without notice, and it is not comprehensive, intended for general informational purposes only.
6. Currencies, Payments, Renewals, Credit Card Details, Cancellation Currencies.
It is important to clarify that any mention of the symbol "$" or the word "dollars" in this Contract pertains to the currency of the United States and is denoted as USD. Invoicing will be conducted in USD currency. For Australian clients who require invoices for taxation purposes, a copy can be obtained by contacting [email protected]. Invoices that are subject to GST and are quoted in USD already include the GST.
Payments.
You are required to remit the Price specified on the Site for each Program you request. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, except for sales taxes as we may be required to add under local law. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of The Consistent Me Company Services.Non - completion of this program does not release the Client from any financial commitment associated with payment plans or entitle the Client to a refund for program payments made in full. If at any point throughout the program the Client no longer wishes to continue with the Program, the Client is required to provide written notice to [email protected].
Late Payments.
If the Client is on a payment plan agreement and the direct debit fails, there will be a US$ 15.00 processing fee on each occurrence. If the Client is more than 14 days late on any payments, there will be a 2% weekly interest rate applied and the Client's support and access to the program will be revoked until the Client's payments are caught up. The Client's outstanding payments may also be sent to debt collection.
Free Trial.
In the event that it is applicable, a free trial may be offered for your Program, as indicated on the Site, for a specified duration known as the Free Trial Period. Please note that free trials are exclusively available to new Participants, and eligibility may be restricted to prevent abuse of the free trial system. If you do not cancel your Program before the Free Trial Period ends, your Program will begin the following day, and the Price will be due for payment on the same date.
Third-Party Payment Processors.
The Consistent Me Company allows for payments to be made via third-party payment processors. When you choose to make a payment to us for any of our programs or services, it signifies that you have examined and acknowledged the Terms of Services and Privacy Policy of the payment processor that applies to the country where you are currently residing. Additionally, it indicates that you consent to both the policies.
Automatic Renewal.
Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your subscription will automatically renew at the end of each billing cycle until your full payment has been reached.
Credit card details.
If you have elected to pay the fees for a subscription by credit card, you warrant that the credit card information you provide is correct and that you will promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, The Consistent Me Company may suspend or cancel your subscription.
Cancellation.
There is a seven-day cooling-off period from the first investment date, in which, should the Client have a change of mind or circumstance, this agreement can be revoked. There are no refunds outside of a 7 day cooling off period. Paid plans are subscriptions that auto-renew by default. Should for any reason the Client wishes to cancel the program, break fees will apply. The Client's breach of contract will be effective from 14 days of written notice sent to [email protected]. The break fees are calculated based on the minimum deposit in addition to 15% of the outstanding balance multiplied by the number of weeks spent in the program. The Client is obligated to commit to the financial commitment of the contract and if applicable, cancellation terms.
7. Your Content
In relation to your participation in the Program, you may have the opportunity to use our forum, which is hosted to our website. This forum allows you to interact with our mentors and other participants by submitting content such as questions, comments, testimonials, pictures, and videos (Your Content). To submit Your Content, you must comply with the terms and conditions set out in this agreement.
We ask that you keep your discussions relevant to the Program. We have the right to appoint moderators to the forum as necessary to ensure that all voices are heard and that no inappropriate topics or threads are discussed.
We reserve the right to remove any of Your Content that we consider to be in breach of these terms or otherwise inappropriate. This includes Your Content that defames, harasses, threatens, stalks, menaces, monitors, mistreats, offends, or otherwise harms any person, uses vulgar language, contains links to inappropriate or illegal material, could be considered intolerant of a person's race, culture, appearance, gender, sexual preference, religion, or age, or interferes with another participant's experience.
We are not responsible for the behavior of any participant in the Program. By participating in the forum and submitting Your Content, you acknowledge that you do so at your own risk. By making Your Content available through the Platform, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use Your Content. This license includes the right to view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit Your Content through the Platform.
You are solely responsible for all of Your Content that you make available to us. You represent and warrant that you either own Your Content or have all necessary rights, licenses, consents, and releases to grant us the rights in Your Content as outlined in this agreement. You also represent and warrant that Your Content and its submission to the Platform will not infringe on any third party's intellectual property rights or rights of publicity or privacy or violate any applicable law or regulation.
This clause will remain in effect even after the termination or expiration of this agreement.
8. The Consistent Me Company’s Use of Data
By accepting these terms, you grant us permission to access, use, and display your Data solely for the purpose of providing our Services to you, protecting your Data, and safeguarding our computer resources from cyberattacks. We promise not to alter, copy, disassemble, decompile, reverse engineer, duplicate, transfer, sell, distribute, or share your Data with any other party.
Additionally, you acknowledge that we may store your personal information for as long as you maintain an account with us or as necessary to provide our Services, comply with legal obligations, enforce our agreements and terms of use, or as long as your forms remain publicly accessible on our website. If you delete your account or make your forms unavailable, we will delete your personal information within one month. However, if your account is inactive for one year, we will encrypt your personal data for an additional year before deleting it. We will also comply with any valid data subject requests under relevant privacy laws, such as the GDPR. This paragraph constitutes our data retention policy regarding your personal information.9. Confidentiality During the course of this Agreement, one or both parties may disclose confidential information to the other. "Confidential information" refers to any non-public business, technical, or financial information that is disclosed in writing, orally, or by any other means, and is marked or identified as confidential or proprietary at the time of disclosure, or which should reasonably be understood to be confidential based on the nature of the information and the circumstances of its disclosure. The receiving party agrees to hold all confidential information in strict confidence and not to disclose it to any third party without the express written consent of the disclosing party. The receiving party will use the confidential information only for the purposes of fulfilling its obligations under this Agreement, and will take all reasonable measures to protect the confidentiality and avoid unauthorized use or disclosure of the confidential information. This obligation of confidentiality will survive the termination or expiration of this Agreement.
10. Intellectual Property
Any and all intellectual property created, developed, or otherwise arising from the performance of this agreement shall be and remain the sole and exclusive property of The Consistent Me Company. For the avoidance of doubt, this includes all patents, trademarks, copyrights, trade secrets, know-how, and any other intellectual property rights. The Parties agree to take all necessary actions and execute all documents as reasonably required to fully vest and confirm the ownership of such intellectual property. The Parties further agree not to use or disclose any confidential information or trade secrets belonging to the other Party, except as required to perform this agreement or with the express written consent of The Consistent Me Company. This provision shall survive termination or expiration of this agreement.
11. Term and Termination
You are authorized to use the Programs for as long as you have paid the necessary fees to use them. The Company may terminate or suspend the Client's account immediately, without prior notice or liability, for payment failure, and without limitation, if the Client breaches these Terms and Conditions. The Client may be held accountable for damages (including costs and attorneys' fees) for a breach of the Terms and Conditions. Upon termination, the Client's right to use the Service will cease immediately.
12. Warranties Mutual Warranty.
Each party warrants to the other party that it has the legal power and authority to enter into this Agreement and that the person signing for that party has the authority to bind that party to the terms of this Agreement.
Disclaimer of Implied Warranties.
THE SERVICES ARE PROVIDED AS-IS. THE CONSISTENT ME COMPANY DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. Defense & Indemnity
You agree that you will defend The Consistent Me Company against claims or proceedings alleging that Data or our transmission or hosting thereof infringes or violates the rights of a third party or violates data privacy or protection laws, and you agree to indemnify The Consistent Me Company against damages and costs (including reasonable attorneys’ fees) finally awarded by a court of competent jurisdiction or in a settlement of the claim approved in writing by you.
14. Limitation of Liability Limitation on Damages.
EXCEPT FOR YOUR OBLIGATION TO PAY FEES, IN NO EVENT SHALL THE CONSISTENT ME COMPANY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING WHEN THE CLAIM AROSE.
Disclaimer of Consequential Damages.
EXCEPT AS MAY BE PROHIBITED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR LOST REVENUE OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
Scope of Limitations on Liability.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH CLAIMS ARE BROUGHT.
Copyright Infringement.
It is prohibited to use content in a manner that infringes on third-party intellectual property rights, such as copyrights, unless you have the owner's consent. If we identify any violation of this policy, we will deactivate the related content. As part of our terms, you accept the responsibility to protect, compensate, and safeguard The Consistent Me Company from any legal claims or lawsuits initiated by the owner of the copyright or other intellectual property rights.
15. Other Provisions Photographs.
It is possible for us to capture video or images of our events. By attending an event, you acknowledge that we or our representatives may film or photograph you. You also acknowledge that we have the right to utilize your likeness and/or voice in any promotional materials such as photographs or videos, without compensating you for such use.
Modifications To the Services.
The Consistent Me Company has the authority to make changes to the Services, with or without informing you. Any modifications made by The Consistent Me Company will not hold them responsible for any consequences that may arise for you or any third party.
Email Communications.
If you provide your email address to The Consistent Me Company, you consent to receive sporadic emails related to administration, announcements, newsletters, sales, and marketing from The Consistent Me Company. You have the option to stop receiving these emails by clicking on the "unsubscribe" link located at the bottom of the emails.
No Resale of the Services.
By agreeing to this, you are not permitted to replicate, duplicate, copy, sell, resell, or take advantage of any portion of the Services, use of the Services, or access to the Services for commercial purposes.
16. General Assignment.
You are not allowed to transfer your responsibilities or privileges under this Agreement without the written consent of The Consistent Me Company, unless you are a company or entity and the transfer is linked to a merger, acquisition, corporate reorganization, or sale of almost all of the entity's possessions. In case such a transfer is allowed under this section, you agree to confirm that the person to whom the responsibilities are being assigned also agrees in writing to the terms of this Agreement.
Relationship of the parties. There are no third-party beneficiaries to this Agreement, and the parties involved are independent entities. This Agreement and any attachment associated with it do not establish, nor will they establish, a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
Entire Agreement.
This Agreement, along with its Attachments, comprises the complete agreement between the parties regarding the matter at hand and is intended to be their final and conclusive expression of agreement and intention. This Agreement overrides all previous and concurrent agreements, proposals, and representations, regardless of whether they were written or verbal. The parties agree that any terms or conditions specified in a document other than this Agreement, that conflict with this Agreement, are considered invalid. No addition, modification, or other document that intends to change the Agreement, or waiver of any provision of the Agreement, shall be effective unless it is written and signed by both parties.
Severability; Construing; Counterparts.
If a court of competent jurisdiction finds any provision in this Agreement to be illegal, that provision will be adjusted by the court to best achieve the original intent to the fullest extent allowed by law. The rest of the provisions will continue to be valid. Both parties agree that neither of them will be favored as the drafter of this Agreement. This Agreement can be signed by multiple counterparts.
Termination.
In the event that The Consistent Me Company determines, at its sole discretion, that you have violated these Terms, your membership to the Services/Programs may be terminated, or your access to the Site may be suspended, without prior notice. The Consistent Me Company will not be held liable for any submissions removed or for the suspension or termination of your access to the Services/Programs. You are free to discontinue your participation in the Services/Programs at any time. In the case of termination of this Agreement for any reason, you must immediately discontinue using the Services. However, termination does not affect your obligations under this Agreement, such as payments, ownership, indemnification, and limitation of liability, which are meant to survive the termination or suspension.
Modifications To Terms.
The Consistent Me Company may, in its sole and absolute discretion, modify these Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using The Consistent Me Company’s Services. Continued use of The Consistent Me Company’s Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To The Consistent Me Company Services.
The fees for The Consistent Me Company Services, including subscription plans, may be changed or terminated by The Consistent Me Company at any time without prior notice to you. However, any pre-paid subscriptions will not be affected until they expire. The changes may be communicated by posting them on The Consistent Me Company website or the Services.The Consistent Me Company will not be held responsible for any consequences resulting from the modification or termination of the Services. Additionally, The Consistent Me Company will not be held responsible for any events or circumstances beyond its control.
Indemnification.
When you use The Consistent Me Company Services, you are responsible for any information or content (including your own submissions) that you submit, post, or transmit, as well as your use of the service and any violations of these terms or the rights of others by you or anyone using your account. If any party, including The Consistent Me Company, incurs any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorney's fees) as a result of or arising from these actions, you agree to indemnify, defend, and hold them harmless.
If The Consistent Me Company fails to enforce any right or provision in these terms, it does not waive its right to enforce it later. If any provision in these terms is found to be invalid, the court will try to reflect the intentions of The Consistent Me Company and you, and the other provisions of the terms will still apply. Claims or causes of action related to these terms or The Consistent Me Company Services must be filed within one year, and the section titles in these terms are for convenience only. All terms and limitations on liability in these terms will continue to apply.
Third Party Vendors.
When using The Consistent Me Company Services, you may request or utilize services from Third Party Vendors who are not affiliated with The Consistent Me Company. By submitting any request, such as Vendor Integration Requests or Connections, through The Consistent Me Company Services, you are consenting to authorize the requests, and allowing Third Party Vendors to take any necessary action for the service, including implementing vendor integration services without additional authorization from you.
It is important to note that all matters concerning the desired services from Third Party Vendors, such as purchase terms, payment terms, warranties, guarantees, license terms, maintenance, and delivery, are solely between the Third Party Vendors and to you. The Consistent Me Company does not provide any warranties or representations for these services or merchandise provided by Third Party Vendors. The Consistent Me Company is not considered a party or third party beneficiary of these transactions, even if revenue or other remuneration is received by The Consistent Me Company. The Consistent Me Company will not be responsible for any costs or damages incurred by you or any other person regarding transactions with Third Party Vendors.
Privacy Policy. The parties involved have mutually agreed to abide by the legal obligations of the Australian Privacy Principles, which are defined in the Privacy Act 1988 (Cth), as well as any other relevant laws or guidelines related to privacy.
Questions. If you have any questions about these terms and conditions, please feel free to contact us at [email protected].