Terms and Conditions of Use
Last Updated on 16/12/2024
1. About the Website
(a) Welcome to www.soberglowup.com (Website). The Website provides you with an opportunity to browse the products of Sober Glow Up and purchase online programs and services that have been listed for sale through the Website (collectively Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
(b) The Website is operated by Sober Glow Up (ABN 87934909619). Access to and use of the Website, or any of its associated products or Services, is provided by Sober Glow Up. 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 its products or Services, immediately.
(c) Sober Glow Up reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Sober Glow Up updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Sober Glow Up in the user interface.
3. The Product and Services
(a) In order to access the Product and Services, you are required to register for an account through the Website (Account).
(b) As part of the registration process, or as part of your continued use of the Product or Service, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) full name
(ii) password
(iii) email address
(iv) postal address
(c) You warrant that any information you give to Sober Glow Up in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the online learning platform (Membership Portal) and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Sober Glow Up;or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations when you purchase a product
You agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Sober Glow Up of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another participant or use the profile or password of another participant at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another participant of the Product (where interaction with other participants is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Sober Glow Up;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of participants by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Sober Glow Up for any illegal or unauthorised use of the Website; and
(i) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Product and Licence Information
(a) Your Product includes access to an online educational platform (Membership Portal).
(b) When you purchase the Product, Sober Glow Up grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Product and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
(c) The Licence is valid for the term as outlined on the Product information page (Licence Term). This means the Product will be viewable via the download link for the Licence Term only. After this time the Program will expire and you will no longer be able to access the Product.
6. Payment
(a) By Sober Glow Up offering the Services to you, you agree to purchase through the Website, you will agree to the payment of the price listed on the Website
(b) All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
6.2 Payment Plan
(a) You have agreed to make payment via a payment plan with details outlined on the product information Page.
(b) By accepting these terms and conditions, you agree that Sober Glow Up will debit your original payment method on the dates outlined in the payment plan.
(c) In the event that a payment under a payment plan is not made as and when it is due, all remaining payments under the payment plan will become immediately due and payable from the date of the non-payment and your access to the Products will immediately be revoked.
7. Cancelation and Refund Policy
(a) All Providers agree to comply with the Australian Consumer Law. Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.
(b) The Program is non-refundable. This means that if you wish to terminate the Program early, the Purchase Price is non-refundable.
(c) If you are paying through a payment plan, you are required to make all outstanding payments of the Purchase Price within 7 days of termination.
(d) Sober Glow Up may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
(e) Sober Glow Up reserves the right to terminate your involvement in the Program for breach of these Terms with 7 days’ notice by e-mail.
(f) If Sober Glow Up terminates your involvement in the Program, you agree to pay Sober Glow Up for the portion of the services completed up to the date and time of termination. If you are paying through a payment plan, you are required to make all outstanding payments of the Purchase Price within 7 days of termination.
(g) Notwithstanding the above clause, if you are unsatisfied with the services provided by Sober Glow Up or you believe that you may be entitled to a refund:
(i) contact Sober Glow Up directly by emailing hello@fayelouise.com to request a refund.
(h) If Sober Glow Up is contacted by you requesting a refund pursuant to the above clause, Sober Glow Up agrees to immediately:
(i) send the refund request form (Request Form) to you and ask for it to be returned completed.
(j) If Sober Glow Up agrees to a full refund or part of the payments, they will be made to you directly, less any fees and charges incurred by Sober Glow Up in processing the refund.
(k) You agree that you will comply with the Refund Policy contained in this clause of these Terms.
8. Facebook Group
(a) Some products’s includes interaction with other participants via Facebook, a Membership area platform or through any other platform, for support, growth and community. As such, Sober Glow Up, at its discretion, reserves the right to remove, edit or alter any content created by you on any Facebook Group related to the services or any other related platform in order to maintain the purpose and integrity of the group forum. And you agree to be bound by these rules and will not:
(i) harm, harass, hassle or abuse other partipicants; or
(ii) give advice in relation to psychology, mental health, alcohol or any related topic; or
(iii) send un-welcomed communication such as spam to other participants; or
(iv) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
(v) infringe the intellectual property or privacy rights of any participant or any third-party.
(b) You accept and agree that the Facebook Terms and Conditions www.facebook.com/terms including the Facebook Community Standards available at https://www.facebook.com/communitystandards/ as each amended from time to time will govern your continued participation in the services.
9. Product Disclaimer
(a) You agree you are solely responsible for creating and implementing your own wellbeing decisions, actions and results arising out of the product or from Sober Glow Up’s relationship with you. As such, you agree that Sober Glow Up is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Products it provides.
(b) You understand that to get the most out of the Product you agree to make time to complete all of the lessons, and worksheets and attend the live sessions. And also communicate honestly and be open to feedback and guidance.
(c) You understand that the Products are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Product is not to be used as a substitute for counselling and mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed. You understand and agree that the Products are not a replacement for addiction therapy or similar services.
(d) You agree to release and discharge Sober Glow Up from and against all claims arising out of or in connection with the provision of the Products. This release includes but is not limited to any claim for personal injury, damages and death of any participant who has received a Product from Faye Hughes.
10. Information Disclaimer
(a) Sober Glow Up does not guarantee specific results or experiences through the use of the Products. Any information, advice, content or documentation provided through Products, on the website, or in any online educational materials, Facebook Groups, e-products, blog posts, podcast episodes or on any other related platform. do not constitute medical, professional, psychological or other advice, and are provided for general information and guidance purposes only.
(b) All care is taken in the preparation of the information in the Products, on the website, or in any online educational materials, Facebook Groups, e-products, blog posts, podcast episodes or on any other related platform. Sober Glow Up does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
(c) To the extent permissible by law, Sober Glow Up will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the Products, on the website, or in any online educational materials, Facebook Groups, e-products, blog posts, podcast episodes or on any other related platform.
11. Crisis Support
(a) Sober Glow Up does not provide a crisis support service.
(b) Sober Glow Up cannot guarantee to be available to respond promptly to messages via Facebook, Whatsapp messages, voicemails, or emails.
11.1 Crisis Support Emergency
(a) If you are having strong thoughts or urges of suicide, self-harm, or hurting someone else; or, you have self-harmed, attempted suicide, or hurt someone else; or, you are distressed and having trouble getting calm and regulated, Sober Glow Up advises you to contact one or more of the following crisis services until you are safe:
i. Police or ambulance;
ii. Your General Practitioner;
iii. Mental Health Helplines: insert your location and what you need help with on www.helpguide.org/find-help.htm to find the best suited helpline.
12. Warranty
(a) Sober Glow Up will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Sober Glow Up makes no warranty that the Products will meet your requirements or that all clients will achieve the same results.
(b) The Products do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your contract with Sober Glow Up and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
13. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Sober Glow Up are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Sober Glow Up or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Sober Glow Up, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Sober Glow Up does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Sober Glow Up.
(c) Sober Glow Up retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
(d) You may not, without the prior written permission of Sober Glow Up 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(e) Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Sober Glow Up a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
14. User-Generated Content
(a) If you choose to contribute any content to the Website or any other platform operated by Sober Glow Up, you are solely responsible for it. This includes comments, reviews, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
(b) By contributing content to the Website, you grant Sober Glow Up a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Sober Glow Up.
(c) By posting your User Content with any personal information including identifying information such as location or name, you agree Sober Glow Up can use that information with your User Content for advertising and promotional purposes, or any other business purpose.
(d) You confirm you own or have the right to use any copyright material included in Your Content (including replies to Sober Glow Up social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Sober Glow Up. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
(e) Please ensure you keep your own copies of Your Content as Sober Glow Up may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
(f) Sober Glow Up will endeavour to provide you with an appropriate credit when using Your Content on Sober Glow Up platforms, though you understand and agree this may not always be possible.
(g) Sober Glow Up reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
15. Mailing List
(a) You will be given the option to register for the Sober Glow Up Mailing List (Mailing List).
(b) As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Phone Number
(iii) Postal Address
(iv) Name
(b) If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Sober Glow Up.
16. Privacy
Sober Glow Up takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Sober Glow Up's Privacy Policy, which is available on the Website.
17. General Disclaimer
(a) Nothing in the 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.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Sober Glow Up 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Sober Glow Up make any express or implied representation or warranty about the Services or any products or Services including the products or Services of Sober Glow Up) 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:
(i) 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;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Sober Glow Up; and
(iv) the Services or operation in respect to links which are provided for your convenience
(d) You acknowledge that Sober Glow Up Website and the Products are only intended to facilitate the interactions between the parties and does not offer any services other than the Services and Sober Glow Up holds no liability to you as a result of any conduct of the participants or the misuse of Your Content by any party (including other participants).
18. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Sober Glow Up. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Sober Glow Up will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
19. Limitation of Liability
(a) Sober Glow Up'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 to you.
(b) You expressly understand and agree that Sober Glow Up, its affiliates, employees. agents, contributors 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.
(c) You acknowledge and agree that Sober Glow Up holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
20. Termination of Contract
(a) If you want to terminate the Terms, you may do so by providing Sober Glow Up with 7 days' notice of your intention to terminate by sending notice of your intention to terminate to Sober Glow Up via sending an email to hello@fayelouise.com.
(b) Sober Glow Up may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Sober Glow Up is required to do so by law;
(iii) Sober Glow Up is transitioning to no longer providing the Services in the country in which you are resident or from which you use the service; or
(iv) the provision of the Services to you by Sober Glow Up is, in the opinion of Sober Glow Up, no longer commercially viable.
(c) Subject to local applicable laws, Sober Glow Up reserves the right to discontinue or cancel your Product at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Sober Glow Up's name or reputation or violates the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Sober Glow Up have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
21. Indemnity
(a) You agree to indemnify Sober Glow Up, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) 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 Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so;
(iii) and/or any breach of the Terms.
22. Dispute Resolution
22.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
22.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
22.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the www.amr.asn.au;
(с) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
22.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
22.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
23. Venue and Jurisdiction
The Services offered by Sober Glow Up are intended to be used 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 New South Wales, Australia.
23. Governing Law
The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.
24. 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.