Fearless Money Makers – Terms & Conditions

1. Definitions & Interpretation

1.1. In these Terms unless the context requires otherwise:

“Agreement” means the agreement between the Company and the Customer comprising: a) the Order; b) these Terms; c) the Program Description; and d) any special conditions expressly agreed in writing between the Company and the Customer.

“Business Day” means a day other than a Saturday, Sunday or public holiday in Victoria, Australia.

“Checkout Page” means the online checkout page through which the Customer selects, orders and pays for the Program.

“Company,” “we,” “us” or “our” means Permissionless Corp Pty Ltd Trading as Badassery Academy [ACN 660 757 148].

“Confidential Information” means information that is confidential by nature, designated as confidential, or which the receiving party knows or ought reasonably to know is confidential, including information concerning a party’s business and information disclosed by or concerning another Program participant. It does not include information that is public through no breach of the Agreement, already lawfully known to the receiving party, independently developed, or lawfully obtained from a third party without an obligation of confidence.

“Consumer Law” means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

“Customer,” “you” or “your” means the person or entity identified as the customer in the Order and, where the purchaser is an entity, includes the individual nominated by that entity to participate in the Program.

“Fees” means the fees payable for the Program, including any initial Program fee, instalment or monthly continuation fee, as displayed on the Checkout Page or otherwise agreed in writing by the Company and the Customer.

“Intellectual Property Rights” means present and future intellectual property rights, whether registered or unregistered, including copyright, trade marks, designs, patents, domain names, database rights, know-how, confidential information and trade secrets.

“Order” means the Customer’s order to purchase the Program, including the information submitted and accepted through the Checkout Page.

“Program” means the Fearless Money Makers coaching program selected by the Customer and identified in the Order, including the services, access and resources described in the applicable Program Description.

“Program Description” means the written description of the Program’s principal term, coaching arrangements, access and inclusions provided or made available to the Customer before the Customer submits the Order. It does not include any goal, target, example, testimonial or statement of potential result.

“Program Materials” means all documents, videos, recordings, presentations, templates, frameworks, guides and other content or resources made available by or on behalf of the Company as part of the Program.

“Program Period” means the period during which the Customer is entitled to participate in or access the Program, as specified in the Order or Program Description.

“Terms” means the terms and conditions set out in this document.

“Third-Party Platform” means any website, application, software, payment processor, video-conferencing service, community platform or other third-party service used to sell, administer or deliver the Program.

1.2. In these Terms, unless the context requires otherwise: a) the singular includes the plural and vice versa; b) a reference to a person includes an individual, company, partnership, trust, association, government body or other entity; c) a reference to a party includes that party’s legal personal representatives, successors and permitted assigns; d) a reference to a document includes that document as amended or replaced in accordance with the Agreement; e) a reference to legislation includes any amendment, consolidation, replacement or subordinate legislation made under it; f) “including,” “includes” and similar expressions are not words of limitation; g) headings are for convenience only and do not affect interpretation; h) a reference to currency is to the currency displayed on the Checkout Page unless otherwise stated; and i) if an obligation must be performed on a day that is not a Business Day, it must be performed on the next Business Day.

2. Acceptance and Agreement

2.1. By ticking the checkbox accepting these Terms and submitting an Order through the Checkout Page, the Customer: a) confirms that the Customer has read and agrees to be bound by the Agreement; b) offers to purchase the Program identified in the Order; c) authorises the Company and its payment processor to charge the selected payment method for the Fees, including any instalments or recurring payments expressly disclosed and accepted by the Customer; and d) confirms that the information provided in the Order is accurate and complete.

2.2. The Customer must be at least 18 years old and have legal capacity to enter into the Agreement. A person submitting an Order on behalf of an entity warrants that the person is authorised to bind that entity.

2.3. The Agreement is formed when the Company accepts the Order by processing payment, issuing an order confirmation or providing access to the Program.

3. Program and Delivery

3.1. The Company will provide the Program identified in the Order, including the principal coaching, access and Program Materials specified in the Program Description, for the applicable Program Period.

3.2. The Company will exercise reasonable care and skill in providing the Program.

3.3. The Company may deliver the Program through employees, contractors, coaches, guest presenters and Third-Party Platforms.

3.4. The Company may reasonably change the schedule, coach, presenter, platform or delivery method, provided that the change does not materially reduce the overall Program. If a live component is cancelled or rescheduled, the Company may provide a rescheduled session, replacement session, recording or reasonably equivalent alternative.

3.5. Any timetable, phase, milestone, target or progression described in the Program Description is an intended framework only. The Company does not guarantee that the Customer will progress through each stage or achieve a particular business or financial result within any stated period.

3.6. Any “unlimited” access is subject to reasonable use for genuine coaching purposes during the Program Period, having regard to the frequency, duration and nature of the Customer’s requests and the resources reasonably required to respond. If the Company reasonably considers the Customer’s use excessive or outside the Program’s intended scope, the Company may, after notifying the Customer and giving a reasonable opportunity to modify that use, impose reasonable limits.

3.7. Access to the Program is personal to the Customer and ends when the Program Period expires, unless the Customer has agreed to continue receiving services on a month-to-month basis. The Customer must not share access or login credentials without the Company’s written consent.

3.8. The Program is a coaching and educational service. Unless expressly stated otherwise in the Program Description, the Company provides guidance, feedback, resources and support, but does not operate the Customer’s business or implement strategies on the Customer’s behalf.

3.9. The Company may introduce or refer the Customer to third parties. The Company does not guarantee that an introduction will be available or result in any business relationship and is not responsible for goods or services supplied by a third party under a separate arrangement with the Customer.

3.10. The initial Program does not automatically renew. After the initial Program Period, the Company may offer the Customer the option to continue receiving services on a month-to-month basis. A month-to-month continuation will commence if the Customer accepts the offer and authorises the applicable monthly payments.

4. Customer Responsibilities and Conduct

4.1. The Customer must: a) provide accurate, complete and current information reasonably required to provide the Program; b) participate in good faith and comply with the Company’s reasonable directions; c) attend scheduled sessions on time and notify the Company as soon as practicable if unable to attend; d) behave lawfully, respectfully and professionally toward the Company, its personnel and other participants; e) keep login credentials secure and not provide another person with access to the Program; f) not harass, threaten, abuse, discriminate against or materially disrupt any person or part of the Program; g) not advertise, solicit or send unsolicited commercial communications to participants without consent; h) not collect or use participant information for an unrelated purpose; and i) comply with applicable laws and the terms of any Third-Party Platform used to provide the Program.

4.2. The Customer is responsible for deciding whether and how to implement information provided through the Program and remains responsible for the Customer’s business decisions, actions, expenditure, legal compliance and results.

4.3. Failure to attend, participate in or use any part of the Program does not entitle the Customer to an extension, replacement session, credit or refund. Unless otherwise agreed, an individual session missed or cancelled without reasonable notice may be forfeited and is not required to be rescheduled, and unused access does not roll over beyond the Program Period.

4.4. If the Customer breaches this clause, the Company may take reasonable and proportionate action, including issuing a warning, removing content, restricting functionality, temporarily suspending access or terminating the Agreement in accordance with the termination clause.

5. Fees and Payment

5.1. The Customer must pay the Fees displayed on the Checkout Page, or otherwise agreed in writing, in accordance with the payment arrangement disclosed to and accepted by the Customer when submitting the Order.

5.2. The Fees may be payable: a) in full when the Order is submitted; or b) under a payment plan expressly agreed between the Company and the Customer.

5.3. Where the Customer agrees to a payment plan, the payment plan is a method of paying the total Fees for the initial Program and does not convert the Program into a cancellable monthly subscription. The Customer remains liable for each agreed instalment despite the Customer’s failure to attend, decision to stop participating or request to withdraw from the Program, subject to any right or remedy that cannot lawfully be excluded.

5.4. The Customer authorises the Company and its payment processor to charge the Customer’s selected payment method for each payment or instalment identified on the Checkout Page or otherwise agreed in writing.

5.5. The Company is not required to provide access to the Program until the first required payment has been successfully processed.

5.6. After the initial Program Period, the Company may offer the Customer the option to continue receiving services on a month-to-month basis. The continuing service will not commence unless the Customer accepts the offer and authorises the recurring monthly payment.

5.7. Unless otherwise agreed in writing, the monthly Fee for the continuing service will be calculated by dividing the total Fee payable for the Customer’s initial Program by the number of months in the initial Program Period.

5.8. If the Customer accepts the continuing service, the Customer authorises the Company and its payment processor to charge the applicable monthly Fee to the Customer’s selected payment method each month until the continuing service is cancelled.

5.9. The Customer may cancel the month-to-month continuing service at any time by notifying the Company. The Customer will continue to have access until the end of the monthly billing period already paid for, after which access will end and no further monthly payments will be charged. Fees already paid for that billing period are not refundable for change of mind.

5.10. The Fees are payable in the currency displayed at checkout or otherwise agreed in writing. The Customer is responsible for any currency-conversion or international transaction fee imposed by the Customer’s bank or payment provider.

5.11. If a payment is declined, reversed or otherwise not received, the Company may withhold or suspend access until payment is received. The Customer must reimburse the Company for reasonable third-party payment-processing and external recovery costs actually incurred in recovering an amount properly payable, provided that the Company has first given the Customer notice and a reasonable opportunity to pay or dispute the amount.

5.12. Unless otherwise stated on the Checkout Page, the Fees include any applicable Australian GST.

6. Refunds and Cancellation

6.1. Subject to any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, all purchases are final and the Company does not provide refunds for change of mind.

6.2. The Customer is not entitled to a refund or credit merely because the Customer: a) decides that the Program is unsuitable; b) changes personal, financial or business circumstances or priorities; c) withdraws, does not attend, participate in or complete the Program; d) does not use Program Materials made available to the Customer; e) does not implement information or strategies provided through the Program; or f) does not achieve a particular result.

6.3. If the Customer pays the initial Program Fee by instalments, the Customer’s decision to withdraw, stop participating or cancel their access does not cancel the payment plan or affect the Customer’s obligation to pay the remaining instalments, subject to any right or remedy that cannot lawfully be excluded.

6.4. The initial Program is for the fixed Program Period identified in the Order. The Customer cannot terminate the initial Program for convenience before the end of that period.

6.5. The preceding provisions do not prevent the Customer from cancelling a month-to-month continuing service in accordance with the Fees and Payment clause.

6.6. The Customer acknowledges that the Company may allocate coaching resources and provide access to communications channels, communities and Program Materials shortly after purchase. Access already provided, resources already allocated and Program Materials already made available cannot be withdrawn, returned or reallocated if the Customer later changes their mind or stops participating.

6.7. Withdrawal or termination resulting from the Customer’s material breach does not, by itself, entitle the Customer to a refund or credit.

6.8. If the Customer chooses to stop participating, the Company may continue to make the Program available for the remainder of the Program Period, subject to the Agreement.

7. Earnings, Income and Results Disclaimer

7.1. The Program provides business education, coaching, information and support. Any reference to revenue, income, profit, margins, clients, leads, sales, business growth, working hours, timeframes or other results is a goal, target, example or statement of potential only and is not a promise or guarantee that the Customer will achieve that result.

7.2. The Customer remains responsible for: a) evaluating whether any information, strategy, recommendation or opportunity discussed through the Program is appropriate for the Customer; b) deciding whether and how to implement it; c) the operation and management of the Customer’s business; and d) all business, financial, legal, taxation, employment, marketing and other decisions made by the Customer.

7.3. Any example, testimonial, case study or statement concerning the experience or result of the Company, a coach, a participant or another person: a) is provided for illustrative purposes only; and b) is not a representation that the Customer will obtain the same or a similar result.

8. Nature of Advice

8.1. The Program provides business coaching, education, information and general guidance. The Program is not intended to provide, and must not be relied upon as, legal, financial, taxation, accounting, investment, employment, medical, psychological or other regulated professional advice.

8.2. The Program does not take into account all circumstances relevant to the Customer or the Customer’s business and is not a substitute for advice from an appropriately qualified professional.

8.3. The Customer is responsible for assessing whether information provided through the Program is appropriate, obtaining professional advice where required, complying with applicable laws and deciding whether and how to implement any information or strategy.

9. Intellectual Property and Program Materials

9.1. All Intellectual Property Rights in the Program and Program Materials remain owned by or licensed to the Company. The Customer does not acquire any ownership interest by entering into the Agreement, paying the Fees or participating in the Program.

9.2. The Company grants the Customer a limited, personal, non-exclusive, non-transferable and revocable licence to use the Program Materials for the Customer’s own education and internal business purposes during the permitted access period.

9.3. The Customer may apply the general knowledge, skills and strategies learned through the Program in the Customer’s business, but must not: a) share, sell, publish, distribute or commercially exploit Program Materials; b) provide another person with access to the Program; c) reproduce, adapt, rebrand or create derivative materials for publication, distribution or sale; d) use Program Materials to create or deliver a competing coaching, consulting, education or training program; e) upload Program Materials to a publicly accessible artificial-intelligence system or file-sharing service; f) record, photograph, screenshot or transcribe any part of the Program without consent; or g) use the Company’s name, trade marks, branding or logos without consent.

9.4. On expiry or termination, the Customer must cease unauthorised access to and use of the Program Materials. The ownership and use restrictions in this clause continue after the Agreement ends.

10. Confidentiality

10.1. Each party must keep the other party’s Confidential Information confidential and use it only for purposes connected with the Agreement.

10.2. The Customer must also keep confidential information disclosed by or concerning other Program participants and must not: a) share another participant’s personal, professional, financial or business information; b) share recordings, screenshots, transcripts or copies of Program communications; c) use another participant’s information for an unrelated commercial purpose; or d) contact or solicit another participant using information obtained through the Program without consent.

10.3. A party may disclose Confidential Information to personnel and professional advisers who need to know it and are subject to confidentiality obligations, with consent, or where required by law.

10.4. These obligations continue after the Agreement ends.

11. Payment Disputes and Chargebacks

11.1. The Customer should contact the Company promptly about any payment or refund concern and give the Company a reasonable opportunity to investigate before initiating a chargeback, except where urgent action is required or the Customer reasonably suspects an unauthorised transaction.

11.2. The Customer must not knowingly make a false or misleading statement in connection with a payment dispute.

11.3. If the Customer initiates a chargeback, the Company may provide the relevant card issuer, financial institution or payment processor with the Agreement, acceptance and transaction records, communications, access records and other information reasonably necessary to respond to the dispute.

11.4. A chargeback does not, by itself, determine the parties’ rights under the Agreement or extinguish an amount that remains properly payable. The Company may suspend access while a payment is reversed or withheld and may take reasonable steps to recover a valid outstanding debt.

11.5. If a chargeback was made without a reasonable basis or using information the Customer knew was false or misleading, the Customer must reimburse the Company for reasonable external payment-processing, debt-recovery and legal costs actually incurred, subject to applicable law.

12. Suspension and Termination

12.1. The Company may suspend the Customer’s access if payment is declined or reversed, the Customer materially breaches the Agreement, or suspension is reasonably necessary to protect the security or operation of the Program or a Third-Party Platform, the Program Materials, Confidential Information or other participants.

12.2. The Company may terminate the Agreement by written notice if the Customer: a) materially breaches the Agreement and fails to remedy the breach within a reasonable period after notice; b) commits a breach that is not capable of remedy; c) repeatedly breaches the Agreement after receiving a warning; d) fails to pay an amount properly payable after receiving notice; or e) engages in unlawful conduct, serious misconduct, harassment, misuse of Program Materials or unauthorised disclosure of Confidential Information.

12.3. The Company may immediately suspend access or terminate the Agreement where reasonably necessary to prevent continuing unlawful conduct, serious misconduct, infringement, unauthorised disclosure, material disruption or harm.

12.4. Suspension or termination resulting from the Customer’s breach does not, by itself, entitle the Customer to a refund or credit.

12.5. The Company may terminate or discontinue the Program if it becomes unable to provide a material part of the Program and cannot reasonably provide an equivalent alternative. The Customer retains any rights available under the Consumer Law in respect of services paid for but not provided.

12.6. On expiry or termination, the Customer’s access ends, accrued rights and liabilities are unaffected, and provisions concerning payment, refunds, intellectual property, confidentiality, liability and disputes continue.

13. Consumer Guarantees and Limitation of Liability

13.1. Where permitted by law, the Company’s liability for a failure to comply with a consumer guarantee relating to the Program that is not a major failure is limited, at the Company’s option, to supplying the affected part of the Program again or paying the reasonable cost of having that part supplied again.

13.2. Subject to non-excludable rights and to the maximum extent permitted by law, the Company is not liable for indirect, consequential, special or remote loss, including loss of revenue, profit, savings, customers, business opportunity, goodwill or data.

13.3. The Company’s liability is reduced to the extent that loss was caused or contributed to by the Customer’s act or omission, failure to participate, implementation decisions, inaccurate information, breach of the Agreement, technology or a third party outside the Company’s reasonable control.

13.4. The Company does not guarantee that the Program or any Third-Party Platform will be continuously available, uninterrupted or error-free.

13.5. Subject to non-excludable rights and to the maximum extent permitted by law, the Company’s maximum aggregate liability arising from the Program is limited to the Fees paid by the Customer for the Program giving rise to the claim.

14. Indemnity

14.1. The Customer indemnifies the Company against loss, liability, claims, costs or expenses arising directly from: a) the Customer’s unlawful or fraudulent use of the Program; b) the Customer’s unauthorised use or distribution of Program Materials; c) the Customer’s infringement of another person’s Intellectual Property Rights; d) the Customer’s unauthorised disclosure of Confidential Information; or e) material supplied by the Customer that infringes another person’s rights.

14.2. The indemnity applies only to the extent that the loss was caused or contributed to by the Customer and does not apply to the extent caused by the Company’s breach, negligence or unlawful conduct.

14.3. This clause continues after the Agreement ends.

15. Force Majeure

15.1. The Company is not liable for any failure or delay in providing the Program caused by circumstances beyond its reasonable control, including natural disasters, pandemics, government action, industrial action, internet or technology failures, cyberattacks, outages of Third-Party Platforms, or the serious illness or unexpected unavailability of a key coach or presenter.

15.2. If such an event affects the Program, the Company may take reasonable steps to continue providing the Program, including by: a) rescheduling an affected session; b) providing a replacement session or recording; c) engaging a suitable replacement coach or presenter; d) extending the Program Period; or e) using a reasonably equivalent platform or delivery method.

15.3. The Company will notify the Customer within a reasonable time if the event materially affects the Program and will take reasonable steps to minimise the disruption.

16. Dispute Resolution

16.1. If a dispute arises, either party may give the other written notice setting out reasonable details of the dispute. The parties must attempt to resolve the dispute in good faith within 10 Business Days after the notice is received.

16.2. If the dispute is not resolved, either party may refer it to mediation in Victoria or online before commencing court proceedings.

16.3. This clause does not prevent a party from seeking urgent interlocutory or injunctive relief, protecting Confidential Information or Intellectual Property Rights, recovering an undisputed debt or responding to a chargeback or regulatory inquiry.

17. Governing Law and Jurisdiction

17.1. The Agreement is governed by the laws of Victoria, Australia.

17.2. Each party submits to the exclusive jurisdiction of the courts of Victoria, Australia and any courts competent to hear appeals from those courts.

18. Changes to the Program and Terms

18.1. The Company may make reasonable changes to the Program that do not materially reduce the Program purchased by the Customer. The Company will give reasonable notice of any material change.

18.2. Updated Terms apply to future purchases. The Terms accepted when the Customer submitted the Order continue to govern that Order unless the parties agree otherwise or a change is required by law.

19. Notices

19.1. Any formal notice under the Agreement must be sent by email to the Company’s email address stated in these Terms or the Customer’s email address provided in the Order. An email is taken to be received when sent unless the sender receives notice that it was not delivered.

20. General

20.1. The Agreement constitutes the entire agreement between the parties concerning the Program and supersedes any previous agreement concerning its subject matter. Nothing in this clause excludes liability for any representation or conduct that cannot lawfully be excluded.

20.2. A failure or delay by a party to exercise a right under the Agreement does not waive that right.

20.3. The Customer must not assign the Agreement or transfer access to the Program without the Company’s prior written consent.

20.4. If any provision of the Agreement is invalid or unenforceable, that provision will be severed or read down to the extent necessary, and the remaining provisions will continue in effect.

20.5. The Agreement does not create an employment, partnership, agency, fiduciary or joint venture relationship between the parties.

20.6. Nothing in the Agreement excludes, restricts or modifies any consumer guarantee, statutory right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

20.7. To the extent of any inconsistency between the Agreement and a non-excludable consumer guarantee, statutory right or remedy, the non-excludable consumer guarantee, statutory right or remedy prevails.

21. Contact Details

21.1. If the Customer has any questions about the Agreement or the Program, the Customer may contact the Company at support@badasseryacademy.com