BBL Terms and Conditions

Introduction

Thank you for purchasing Business Basics, Legally (Program), owned and provided by ND Legal Pty Ltd trading as Legally With Nina (ABN 67 654 405 179) (we, us, our).

By purchasing and participating in the Program, you (the purchaser, in your individual capacity or on behalf of a company or other legal entity) agree to be bound by these terms and conditions as set out below (terms). Please read these terms carefully before finalising your purchase, as they will become legally binding on you and us once your purchase is complete.

In the event that you are purchasing this Program on behalf of a company or other legal entity, you represent and warrant to us that you have the authority to purchase the Program and agree to these terms on its behalf.

Incorporation of Website Terms of Use & Privacy Policy

These terms include and incorporate our Website Terms of Use (https://www.legallywithnina.com/website-terms) and Privacy Policy (https://www.legallywithnina.com/privacy-policy), as if they are set out below. These terms will prevail to the extent of any inconsistencies.

Legal Services

By purchasing this Program, you are not engaging us to become your legal advisors or representatives. We are not your lawyers.

You agree that your use of the Program does not constitute the provision of legal services and creates no lawyer-client relationship between you and us. Information shared in the Program is general in nature only, not legal advice, does not take into account your specific circumstances or needs, and no lawyer-client relationship is created.

You also agree that your use of the Program is for business, and not for household or domestic use.

Services

By purchasing the Program, you engage us on a non-exclusive basis to provide you with the Program Inclusions (set out below) in accordance with these terms.

In the event that any part of the Program includes 1:1 services, we will elect who from our team will provide those services to you, at our absolute discretion.

Program Inclusions

By purchasing the Program, you will be purchasing and receiving the following products and/or services from us:

12 month access
5 Core Modules - Business Structures, Asset Protection, Selling Legally, Scaling Legally & Dispute Resolution
Over 30 pre-recorded lessons
Access to and exclusive BBL Group hosted on this site (www.legallywithnina.com)
Weekly Support via BBL Group
Module Resources (as applicable, and subject to change at our discretion)

Program Bonuses

The Program includes the following bonuses:
1. Masterclasses by guests working in the online business space (subject to change at our discretion)
2. Non-Niche Specific Template Bundle of a 12 comprised of business documents and contracts (as set out on the Program page).

Nature of Relationship

You agree and understand that the Program is intended to teach you general legal concepts relating to starting up and operating a business in Western Australia, the information we share is not tailored to your specific personal or business needs, and that implementation of any recommendation is solely at your own risk. By purchasing and/or participating in the Program, we do not become your lawyers and no client-lawyer relationship is created between you and us.

You understand and agree that:

part of the Program may involve personal, well-being, financial, accounting, legal and other business management discussions;
those parts of the Program and any information exchanged is not intended to, and does not, substitute or replace discussions and consultations with relevant professionals (including, but not limited to, healthcare professionals, accountants, financial advisors) or diagnose or replace any professional treatment or management of any particular existing condition;
all decisions about any treatment and management of any condition, whether personal or in relation to your business, should be made with your relevant medical or healthcare provider or business advisors and professionals, at your own risk.

Nothing in these terms, or the Program, creates or is intended to create a relationship of employer/employee, principal and agent, lawyer/client, partnership or joint venture between you and us.

Pricing & Payment

Payment Plan Options - If you purchase the Program on a subscription (Payment Plan) and:

You seek a refund before you have been granted access to any part of the Program materials, your first payment towards to the Payment Plan shall be non-refundable.
You seek a refund after you have been granted access to the Program materials (or any part of the materials), you shall not be entitled to a refund and any refunds shall be at our sole discretion. Each of the payments due for the length of the Payment Plan must be paid in full.
You default, we will take steps to recover the payments due. In those circumstances, you will be responsible for all costs associate with the recovery including legal, Court, administrative and all other expenses, on an indemnity basis.

Purchase Price

The purchase price you have paid at checkout relates only to the Program Inclusions, and not the Program Bonuses.

As such, any failure on our part to provide the Program Bonuses, or if we modify or amend them from time to time, will not constitute a breach of these terms.

In the event that you request additional products or services from us, whether relating to the Program or not, or to modify or extend any part or all of the Program, we will provide you with a separate estimate of fees for the further or modified services, for your approval and payment, and these terms will continue to apply to those services unless specified otherwise.

All amounts payable for the purchase of the Program must be paid without set-off, deduction, withholding, or otherwise any claim (unless required by law).

If you are required by law to make a deduction or withholding in respect of any sum payable towards the purchase of the Program, you must make an additional payment to us equal to the sum necessary to ensure that the amount received by us will equal the full amount payable to at the time of purchase.

All amounts payable by you to us are inclusive/exclusive of GST.

Termination

As the Program Inclusions include digital content and products, which are made available to you immediately on purchase, there are strictly no refunds.

Where you:

fail to participate in the Program or breach any of these terms, we may in our absolute discretion take one or a combination of any of the following:

remove your access to and/or restrict or prohibit your participation in the Program; and
retain any money paid by you.

Fail to pay any money payable under these terms as and when it becomes payable, we may in our absolute discretion take any or a combination of the following steps:

Apply interest at the rate of 6% per annum, calculated on a daily basis from the due date until paid in full, to any outstanding amounts, which you must pay to us on top of the principal amount owed; and
Remove your access to and/or restrict or prohibit your participation in the Program until all outstanding amounts are paid in full; and
You release us from any liability arising from us taking any of the above steps and agree that by properly taking those steps we are not in breach of these terms.

Where an event occurs which results in us not being able to fulfill our obligations under these terms, you agree that our liability to you is limited to the fullest extent permitted at law to a refund of the purchase price or, if you purchase by Payment Plan, the amount of the last invoice paid by you to us for the purchase of the Program.

Breach & Dispute Resolution

In the event of a breach, dispute or disagreement arising out of or in connection with these terms, and before commencing any legal action or other formal dispute resolution proceedings:

The party alleging that there is a breach, dispute or disagreement (Disputing Party) must notify the other party (Responding Party) in writing to their email address within 7 days of the breach, dispute or disagreement arising, of:
1. what they perceive to be the substance of the breach, dispute or disagreement;
2. if applicable, the clause of these terms which has been breached or is subject of the dispute or disagreement; and
3. what they propose as a resolution.

The Responding Party must provide a response to the Dispute Notice within 7 days of receiving it via email setting out their proposed resolution.
The parties must negotiate and discuss possible resolutions in good faith.
In the event that the dispute remains unresolved after 28 days of the Dispute Notice being issued, the parties must refer the dispute to the WA Small Business Development Corporation for mediation.
You agree to receive notices under this clause and otherwise under these terms to the email address entered on our website at the time of purchasing the Program.
You shall be responsible for the payment of all costs we incur in relation to any dispute arising under these terms, including legal, Court fees, expenses on an indemnity basis.

Limitation of Liability & Indemnity

Australian Law may confer rights, warranties and guarantees and remedies relating to the provision of the Program which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law and other statutes. At no time are these statutory rights which cannot be excluded, sought to be excluded.

You agree we are not liable for any loss or damage whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Program.

You indemnify and hold us harmless from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against us in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).

You agree to indemnify us for any costs we may incur in connection with the enforcement of our rights under terms (including all legal fees on a solicitor-client basis, court fees, and all other expenses incurred in connection with these terms).

Our liability is governed by these terms and conditions, and any other conditions or warranties which may be implied by custom, law or statute are expressly excluded to the fullest extent permitted by law.

You release us from any and all liability in respect of:

Our failure to provide any part of the Program which is to be provided by third parties (such as guest coaches or other participants);
the information, recommendations, opinions, advice shared by third parties within the Program (such as guest coaches and/or other participants); and
your implementation or reliance on any advice, opinion, recommendation, information shared by third parties participating in the Program (such as guest coaches and/or other participants), and any direct or indirect results arising from that reliance or implementation.
Any technology issues.
Our liability is limited at all times to the amount of the last invoice paid by you.
To the maximum extent permitted by law, we expressly exclude liability for any damage and/or delay in the performance of any obligation pursuant to these terms where such damage or delay is caused by circumstances beyond our reasonable control.

Warranties & Acknowledgements

You represent and warrant that you:

are over 18 years of age;
will provide all relevant information required for us to provide you with the products and services forming part of the Program;
have the legal capacity to enter into a legally binding contract;
have read these terms;
agree to the terms; and ‘
will comply with these terms.

Where you use a credit card to purchase the Program or enter into a Payment Plan, you warrant that you have the necessary rights and authority to use that credit card.

You authorise us 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, we may revoke your access to the Program, without refund.

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 (i.e. Paypal, Square, Stripe, Wix) which are available on the credit provider's website.

You acknowledge and agree that:

You are solely responsible for creating and implementing your own decisions, choices, actions and results.
Performance, progress, results and success of your business is your responsibility.
We are not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any action taken or decision made by you as a result of the Program.

If during this Program you feel your progress is not as expected:

it is your responsibility to inform us immediately of any concerns in order to give us an opportunity to address and assist;
we will use reasonable efforts to resolve the concerns; and
we do not guarantee or warrant any increase or altered progress or performance as a result of our efforts to resolve the issues you bring to our attention.

We may offer opinion regarding business decisions but it is your responsibility to make final decisions and choose the best option for yourself or the entity you represent.

It is your responsibility to ensure that you have the facilities necessary, and take the necessary steps, to receive and participate in the Program.

Confidentiality

We agree to take all reasonable steps to maintain all information and documentation received from you (whether oral, hardcopy or softcopy) confidential unless disclosure is authorised in writing by you, otherwise required by law, or in accordance with these terms.

You acknowledge that the information and documentation provided during the course of the Program is not covered by any healthcare provider/patient privilege, legal privilege or other privilege, and may be provided to our employees, agents, representatives and associates who have a need to view the information in the proper and usual course of our business.

Confidential information does not include information which:

was in our possession prior to your purchase of the Program;
is or becomes generally known to the public;
is provided to us by a third party;
we are required to disclose by law or Court order;
is disclosed to us and we reasonably believe there to be an imminent or likely risk of danger or harm to you or others; and
involves illegal activity.

You agree to maintain all information, documents, resources provided or disclosed by us, relating to the services, our business or personal affairs of our employees, agents, representatives or associates, confidential and must not share, sell, reproduce or use for any purpose other than as authorised, without our prior authorisation.

In the event that we or you become aware of any potential breach of confidentiality, we must notify each other as soon as reasonably practical and take steps to remedy any breaches.

Nothing in these terms prevents us from disclosing non-confidential information of the nature specified in these terms to third parties.

Non-Disparagement

You must not:

communicate in any way (directly or indirectly, in any capacity or manner) any statement of any kind (whether verbal, in writing, electronically transferred or otherwise) that might be critical of, or derogatory or negative towards, us or any other party included in the Program; or
cause, encourage or permit any other person to do so.

Intellectual Property & Copyright

For the purpose of these terms, “Intellectual Property” means any materials, analyses, processes, discussions, patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how, trade secrets and marketing secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, which is provided or may be developed as a result of or during the Program.

During the length of the Program, we will share with you Intellectual Property owned by us. Your participation in the Program, and our sharing of the Intellectual Property with you, does not grant or transfer any rights, title or interest to you in relation to the Intellectual Property.

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 Intellectual Property, in whole or in part without our prior written consent. We reserve the right to immediately remove your access to the Program and related member groups, without refund, if you violate these terms.

As parts of the Program are made available to you electronically and for replay, we grant you a limited, personal, non-exclusive, non-transferable license to use the Program recordings for your own personal and internal business use. You acknowledge and agree that you have no right to change, edit, duplicate, reproduce, create derivative works of, reverse engineer, alter, sell, enhance or in any way exploit any of the recordings in any manner.

You will not remove any copyright notice from any digital product provided as part of the Program and doing so will be deemed an infringement of our intellectual property rights.

No Intellectual Property may be reproduced or used for any purpose other than your private business use, as intended by the Program.

Non-Solicitation

For the purposes of this clause, Term means:

2 years; or (if that term is held to be invalid)
1 year; or (if that term is held to be invalid)
6 months.

For the length of the Term, you must not without our prior consent (which may be withheld in its absolute discretion), after the conclusion of the Program, directly or indirectly:

interfere with or disrupt, or attempt to interfere with or disrupt, any relationship between us and our clients, suppliers, distributors or joint venture partners, or identified prospective suppliers, distributors or joint venture partners; or
induce, encourage or solicit any of our clients, officers, employees, contractors or agents to cease their employment, engagement or agency with it.

You acknowledge and agree that:

the restraints in this clause constitute several separate covenants and restraints consisting of each of clauses 1 and 2 above combined with each separate Term, following the conclusion of the Program;
each of those separate covenants and restraints is a fair and reasonable restraint of trade that goes no further than is reasonably necessary to protect our goodwill and business;
you have received substantial and valuable consideration for each of those separate covenants and restraints, including your access to the Program Inclusions; and
breach by you of any of those separate covenants and restraints would be unfair and calculated to damage our goodwill and business and would lead to substantial loss to us.
The parties intend the covenants and restraints under clause 51 to operate to the maximum extent. If any of those separate covenants and restraints would, in the absence of this clause 53, be void as unreasonable for the protection of our interests but would not be so void if any part of the wording in this clause 51 was deleted or amended, the separate covenants and restraints will apply with the modifications necessary to make them effective.

Waiver

No failure, delay or indulgence by a party in exercising any power or right conferred upon it under these terms will operate as a waiver of that power or right.

No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under these terms.

Amendment

You agree to be bound by these terms as at present and varied by us from time to time.

Severability

If any part of these terms is deemed invalid or unenforceable:

that provision may be severed to the extent of the invalidity or unenforceability; and
the remaining provisions of these terms remain unaffected, valid and enforceable.

Governing Law

Any disputes or claims arising out of or in connection with the Program or these terms (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of Western Australia, Australia.

You irrevocably agree that the courts of Western Australia, Australia have exclusive jurisdiction to deal with and settle any dispute or claim that arises out of, or in connection with, the Program and/or these terms, or its subject matter or formation (including non-contractual disputes or claims).

Entire Agreement

These terms contain the entire understanding between you and us in relation to Program and supersede any previous arrangement, understanding or agreement relating to its subject matter.

No express or implied conditions, warranties, promises, representations or obligations, written or oral, apply in relation to the Program or these terms, other than those expressly stated in it or implied at statute.

Your purchase of the Program constitutes acceptance of these terms and you acknowledge they will become legally binding on you and us.