Terms
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY ONLINE SERVICES
INTRODUCTION
Welcome to www.founddlegal.com (“Site”). The next few paragraphs are going to be that super legal, boring sounding stuff. But they’re really important. And we’ll make them as pain free as possible. Then we can move on to the fun part of growing your business! Here come the snores!
This Site is owned and operated by Foundd Legal Pty Ltd (ACN 162 433 294 ) trading as Foundd Legal (referred to in these terms as “the Company”, “we”, “us”, and “our”). Foundd Legal is a company incorporated in Queensland, Australia. Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you (“Terms”). These Terms together with our Privacy Policy apply to all Site visitors, subscribers, clients, customers, and all other users of the Site (“user”, “you” and “your”).
CONSENT TO SITE TERMS OF USE
By accessing and using this Site, our social media channels and any other materials made available to you including but not limited to in our courses, modules, lessons, tech tutorials, guides, blog, eBooks, master classes, webinars, podcasts, checklists, ebooks, slide decks, transcripts, Q&As, membership community, one on ones, videos, and our template documents (“Online Services”) provided on this Site, whether made available for purchase or not, you are taken to accept our Terms. Get it? Good. That wasn’t so bad, was it?
By using the Site, accessing or purchasing any Online Services, you warrant that:
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also may accept these Terms where you click “Agree” or “Accept” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase or download. Seriously. We know this stuff can do your head in. So just ask us. We don’t bite! Also, keep a copy of these Terms handy for your records. Copies of stuff when it comes to legal is way important.
DISCLAIMER - INFORMATION AND ADVICE
All content, including the Online Services made available to you on https://foundd-legal.mykajabi.com/build-your-empire, contains general information about our Online Services, and does not take into account your specific needs, objectives or circumstances. The information contained on the Site and in our Online Services is not a substitute for obtaining advice specific to your circumstances from a qualified lawyer. Your use of this Site, or the purchase of any of our awesome Online Services, does not create a lawyer and client relationship even in circumstances where any content on this Site has been authored or created by a lawyer. You further understand and agree that any information, feedback, comment or review that you provide by reason of your use of this Site,or purchasing the Online Services is not privileged or confidential.
The information provided in or through our Site, or Online Services is intended to be for educational purposes only and is made available to you as a means of helping you help yourself. Under no circumstances should the content made available on our Site, our Online Services be relied upon as business, financial or legal advice.
By referencing any programs, courses, products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the programs, courses, products or services.
You acknowledge and agree that we have not and do not make any representations as to the financial benefits, future income, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Site, or our Online Services.
The Online Services provided are not for household, domestic purposes but for business use. Are you still with us? Yay! Congrats! That was the worst of it!
ARE YOU MY LAWYER IF I USE THIS SITE OR BUY SOMETHING THE ONLINE SERVICES?
Nope. We are not acting as your lawyer and no lawyer-client relationship is created if you:
- use the Site;
- Click purchase or a similar button to initiate a purchase of our Online Services on this Site;
- book a one on one (if applicable)
- Q&A sessions
and no legal advice (or other) advice is provided on this Site. We think you’re great, but a deeper, more meaningful relationship is a whole next level thing you’d have to to go to our website www.founddlegal.com and hire us to be your lawyer. Any information, articles, guides or any other information made available to you on this Site, through our newsletter or via our social media channels is general information only and does not take into account your specific needs or circumstances and should not be relied upon as such.
Where you book and attend (whether in person or via electronic communication e.g. Zoom, Skype or mobile) a one on one, you participate in any Q&A or our membership community you acknowledge and agree (as a binding contractual agreement between you and us) that all the information you receive during the one on one, Q&A or membership community is only general information and provided to you in a summarised form on legal and other topics and does not constitute legal (or other) advice and should not be relied upon as such.
INTELLECTUAL PROPERTY
Ownership of Intellectual Property
Ok. Maybe we aren’t quite done with the legal schpeel yet. But we’re getting closer. And seriously, you can always ask us about anything you aren’t sure about!
The Site and Online Services contain intellectual property owned by the Company and by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, training materials, templates, products, services and/or other materials made available to you, as well as any patents and other intellectual property rights, business name, logo, all designs, text, videos, audio files, graphics, other files, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide (“Content”). Your use of the Site, the Online Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the Online Services or the Content.
All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, Content or the Online Services, the Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site and Online Services, without refund, if you are found to be violating these Terms.
The Content made available to you through our Online Services are strictly for personal use only and must not be shared. Subject to your compliance with these Terms, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company
Templates
When you receive template documents as part of our Online Services, you are granted a non-exclusive, non-transferable, limited licence to access and use the template document for your own personal business use. You may not assign or transfer the template documents or your membership in the Online Services or its benefits to any other person without the Company’s express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the Online Services to you at any time for any reason.
You are solely responsible for the completion and use of the template documents unless you engage www.founddlegal.com to provide you with custom services. We do not provide any warranties or guarantees regarding the template documents. If you have any questions or concerns regarding the template documents, you can get in touch with us via [email protected]
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.
PRIVACY
These Terms also include our Privacy Policy which can be accessed here.
DESCRIPTIONS OF ONLINE SERVICES
We try to be clear and informative when describing our Online Services and do our darndest to describe and display them as accurately as possible in a way that is easy to understand. Whilst we do try our best, (we really wanted to use the word whilst) occasionally there may be information that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers and availability. From time to time we may amend errors in pricing and descriptions. Forgive us. We’re human not robots! We reserve the right to refuse or cancel any order if any information on the Site (including our Online Services) is inaccurate at any time without prior written notice (including after you have submitted your order). Thanks for understanding, friends.
One on One Strategy Sessions and Webinars
Where we include a one on one strategy session or webinar as part of our Online Services, this is for informational purposes only and does not in anyway constitute legal advice. We love doing them, though. So that’s a bonus!
Fees and Online Payment Security
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at anytime without advance notice to you. If you’ve purchased our Online Services it will be charged at the price in force at the time a customer’s order is validated. Cool? Cool.
We offer visitors who want to purchase from our Site the option to pay for the Online Services by Paypal or credit card or such other method of payment as notified by the Company from time to time. Yeah, we try and stay flexible. We’re hip with the times. You acknowledge and agree to make timely and full payments to the Company for Online Services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise the Company to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, the Company reserves the right to suspend and/or revoke your access to the Online Services until all outstanding amounts have been paid. This is in addition to any other rights we have under these Terms including the ability to terminate for non-payment. So don’t be that person. When making payments to us, you warrant that you have read the terms and conditions of any third party payment gateway provider or credit provider (e.g. Paypal, Stripe etc) which are available on their respective websites.
CREATING AN ACCOUNT
To place orders and access some features of the Site or the Online Services, you may have to register an account. This means you’ll have to give us accurate information including your name, address, a valid email address and telephone number and you must be at least 18 years old. You will also be required to create a username and password. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. We reserve the right, at any time, to request a form of identification to verify your identity. Don’t give us fake names and emails. That’s just not cool! You’ll be solely responsible for the activity that occurs on your account so keep your account password secure. Don’t go giving it to some new friend you met at the pub. That could go pear shaped.
We reserve the right to suspend or cancel your account at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts the Company's reputation. Just don’t be daft and we’ll be right!
When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as a mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
NO GUARANTEES
Our role is to support and assist you in reaching your goals, we cannot guarantee that undertaking any coaching, participating in any programs, courses or using our Online Services will ensure success. Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors. You acknowledge and agree that when you purchase any program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Site or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.
PERSONAL RESPONSIBILITY
We provide Online Services on our Site accurately represent the information provided. By participating in any of our Online Services or otherwise using our Site, you acknowledge you are solely and personally responsible for any results you achieve. You further acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained from your use of this Site, purchase of products and/or services or participation in any programs or courses, taking into account your own personal circumstances.
TESTIMONIALS
On our Site we present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our Online Services will achieve the same or similar results.
BE A GOOD PERSON
We’ve created this Site to provide users with access to our Online Services. By using our Site we expect you to meet certain standards of behaviour, and to encourage that, we’ve set out some rules below. You must:
- not breach another person’s privacy and use their details without their consent to do anything on this Site or in connection with our Online Services;
- Not use this Site in any way that is or may be damaging to this Site
- Not use this Site to send unsolicited emails
- Not interfere with anyone using this Site
- Not use this Site to defame, harass, threaten or offend any person; or
- Not help anyone else do any of the above.
Well that’s pretty darn clear. Be a good person. Don’t be mean. Don’t be lame. We know you get it.
USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS
We always appreciate interaction on our social media channels and feedback about our Online Services, as it helps us to improve our Site and our Online Services. Through the use of this Site, you may be invited to submit a review, or interact with us via our social media channels. We love to hear from you! Where you do decide to submit such feedback or comments, you give us permission to post or otherwise use that feedback on our social media or other channels. If you don’t want us to do that, you can email us and tell us at any time.
We reserve the right to remove a review or comment if such review or comment (a) contains libelous or otherwise unlawful, abusive or obscene material; (b) attacks our employees or another contributor; (c) contains material that discloses your personal information; or (d) is unrelated to the post or content to which you have reviewed or commented on. Again. Just be a good person.
The Company shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms . By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://foundd-legal.mykajabi.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
DISCOUNTS
From time to time, we may offer discounts any such discounts cannot be used in conjunction with another offer or discount. Basically what that means is its only 1 discount per purchase. Discount codes are not transferable and cannot be redeemed for cash under any circumstances.
COMPETITORS ARE EXCLUDED
You are not allowed under any circumstances to use or access any documents or content on our Site in any way that competes with our business. The Company reserves its right to exclude and not permit any person using this Site or accessing its Online Services in its sole discretion.
WARRANTIES AND DISCLAIMERS
Ok, people. Deep breath. Maybe three deep breaths. Have a sip of tea. Now dive in to this last bit of legal. Once you’re through this you’re home free!
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the Online Services including that:
- they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
- access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
- there is no possibility of failure to store communications or other data.
While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our Online Services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our Online Services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by Australian Consumer Law (s64A of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
SEVERABILITY
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
ASSIGNMENT
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
ENTIRE AGREEMENT
These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.
GOVERNING LAW AND JURISDICTION
Our Site, like any other website, is accessible to anyone, which means, it may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.
CHANGES TO THESE TERMS
The Company reserves the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of the Company's Online Services. If at any time you choose not to accept these Terms, you should not use this Site.
YAAAAAY!!! You did it!!!! You got through the Foundd Terms!! Now go have a glass of wine!
HOW TO CONTACT US
If you have any questions regarding the above Terms, just connect with us via email to [email protected]
Last Updated: 29 May 2020
