Lifestyle Terms and Conditions
We, JHH Premium Pty Ltd (trading as Hartley Health), offer a subscription-based service to the content, found on this site.
All purchases are subject to our Terms of Service.
Subscriptions purchased directly from the website are managed and billed in AUD.
All website purchases are processed securely via our third-party payment gateway provider – Stripe. You must refer to their terms and conditions for additional information.
All transactions are handled over SSL and are PCI-Compliant. We do not store your credit card details.
You must notify us of any change to your payment method. We will assume your payment method is correct and will continue to bill fees relating to your subscription by your nominated payment method. If any subscription fees billed to your account are not processed for any reason we may suspend your subscription until payment is made in full.
We reserve the right to vary the fees billed for your subscription-based products from time to time, but only for the subsequent billing periods. In that event we will give you notice of the variation at least 14 days before it will come into effect; and if you do not cancel your subscription within 14 days of the notice of the variation, you will be deemed to have accepted the variation.
We may offer special promotions, trials, discounts, offers or coupons from time to time directly through Hartley Health or through third parties, subject to and on its terms and conditions. It is your responsibility to read and understand those terms and conditions.
We do not offer refunds or credits for accidental purchases, medical conditions, or any similar reason or event unless required by law to do so.
If you are dissatisfied for any reason, please contact our Support Team via email at [email protected]
Further information about cancellation is available at. Our support team at [email protected]
The Services are protected by copyright, trademark, and other laws of Australia (and relevant State/Territories) and foreign countries. Except as expressly provided in these terms, Hartley Health and its licensors exclusively own all rights, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Hartley Health or the Services (Feedback) will be the sole and exclusive property of Hartley Health and you hereby irrevocably assign to Hartley Health all of your rights, title and interest in and to all Feedback.
Billing Terms means these billing terms and conditions outlined herein including any additions or variations of these billings for Hartley Health by Us;
- Payment Method means the payment details nominating the account or process by which a customer or subscriber agrees to pay for the Products as referred to in clause.
- Products mean any item including, goods, services, digital products, ebooks, downloads, resource material, online content, and other similar content sold by Us to a Customer or Subscriber.
- We or Our or Us refers to JHH Premium;
- You or You’re referring to you, the Customer or the Subscriber.
As the Customer, you understand:
The Company and its subsidiaries, owners, principals, directors, executives, employees, staff, or agents are not lawyers, doctors, managers, therapists, business managers, registered dieticians, financial analysts, psychotherapists or accountants;
The Companies’ participation in this content will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or another practitioner as determined by their judgment;
That the content enclosed is not a substitute for health care, medical or nutritional advice of any kind. The Customer understands and agrees that customer is fully responsible for their mental well-being during the reading of the content and any practical components mentioned, including their dietary, mental and physical choices and decisions during the course of the content.
Nothing stated herein is intended to be, and must not be taken to be, the practice of medicine or medical advice.
As the Customer, you are fully responsible for any adverse reactions, including but not limited to, emotional or physical reactions to the content in the site. You understand that all suggestions offered by Company are solely to aid a customer in achieving the Customer’s defined goals. The Customer can give their informed consent and does hereby give such consent to the Company to assist in achieving such goals.
Additionally, the services are offered on an “As-is,” “Where Is,” and “Where Available” basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
You as the Customer acknowledge that neither Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the services, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the content in the site.
You as the Customer understand that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind. You agree that its results are dependent on various factors and in no way are dependent on any information Company provides to the Customer. Except as specifically provided in this agreement or where the law requires a different standard, you as the Customer agree that the company is not responsible for any loss, including financial loss, property damage, or bodily injury caused by the use of the content.
To the maximum extent permissible under applicable law, the Company will not be responsible to Customer or any third party claims through customer for any direct, indirect, special or consequential, economic or other damages arising in any way out use of the content and the maximum amount that the company would be liable is the fees paid for the site subscription.
The Company respects Customer’s privacy and insists that Customer respects the Company’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it.
Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, calls or otherwise.
Customer agrees not to use such confidential information in any manner other than in discussion with the Company. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in the strictest confidence within the Company and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Further, the Customer agrees that if they violate or display any likelihood of violating this section the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
NON-DISCLOSURE OF MATERIALS
Material given to Customer in the course of Customer’s work with the Company is proprietary, copyrighted and developed specifically for Company. Customer agrees that such proprietary material is solely for Customer’s personal use. Any disclosure to a third party is strictly prohibited.
The company’s content is copyrighted and the original materials that have been provided to the Customer are for the Customer’s individual use only and a single-user license. All intellectual property, including Company’s copyrighted content and/or course materials, trademarks, service marks, and trade names shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. Customer agrees that if Customer violates, or displays any likelihood of violating, any of Customer’s agreements contained in this paragraph, the Company will be entitled to revoke Customer’s graduate certificate and/or injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Customer accepts and agrees that Customer is fully responsible for their progress and results from the content. The company makes no representations, warranties or guarantees verbally or in writing regarding the Customer’s performance. The customer understands that because of the nature of the content and the extent, the results experienced by each Customer may significantly vary. The customer acknowledges there is no guarantee that the Customer will reach their goals as a result of participation in the content.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
A) Limitation of Liability.
Customer agrees they are using the Company’s services at their own risk and that the content is only an educational service being provided. Customer releases Company, its officers, employers, directors, contractors and related entities from any damages that may result from any claims arising from any agreements, past or present, between the parties. The customer accepts any risks, foreseeable or unforeseeable.
Customer agrees that Company will not be held liable for any damages of any kind resulting from or arising from including, but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the subscription of the site.
Customer knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Customer may sustain as a result of participating in this content or in any way resulting from the services provided by the Company or use of techniques and practices taught.
The customer further declares and represents that no promise, inducement or agreement not herein expressed has been made to Customer to enter into this release. The release made according to this paragraph shall bind the Customer’s heirs, executors, personal representatives, successors, assigns, and agents.
If a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth hereinbelow. The Customer agrees that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the Company.
The Customer agrees that they will not directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or another statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its content, members, owner, directors, officers, affiliates, subsidiaries, employees, agents or representatives.
This Agreement may not be assigned by the Customer, without the express written consent of the Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
The company is committed to providing all customers of the site with a positive experience. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to content and terminate any further services without refund or forgiveness of payments if Customer becomes disruptive to Company, difficult to work with or upon violation of the terms as determined solely by Company. The customer will still be liable to pay the total contract amount. Furthermore, Company reserves the right to pause the Customers participation in the Company deems, in its sole discretion, the Customer unable to safely and effectively continue in the learning environment, until such a time when the Customer is physically and emotionally able to resume the content within the lifestyle component of the site.
E) Age Requirement.
It is recommended that the customer is of 18 years of age or older to enrol in the site.
F) Health Waiver.
The content enclosed in the lifestyle component of the site is an intensive deep dive into personal growth.
The Customer understands that Company intends to support Customer in an effective, appropriate and personalized way. Therefore, the Customer may be obliged to sign a form that confirms the Customer is aware of any health conditions that are contraindicated to the practices in the content. The company does not collect medical information about the Customer. If Company deems the Customer unsuitable for content due to any health or wellness-related issues, the Company may decide to cancel Customer future participation.
Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the content or in any way related to the services provided by the Company, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or gross negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
H) Resolution of Disputes.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of the Customer, the Customer is responsible for any arbitration and attorney fees.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email to [email protected]
J) Entire Agreement.
This Agreement constitutes and contains the entire agreement between the Parties concerning its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
K) Controlling Law.
This Agreement shall be governed by and construed following the Australian laws (and relevant State/Territories) and foreign countries.
BY PURCHASING THIS SUBSCRIPTION YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE WORKING AGREEMENTS ABOVE.