Please note: payment of the Fees for the Epic Self Leadership Program constitutes agreement of these terms & conditions.

1. About the Website

1. Welcome to www.brightenproject.com (the 'Website'). Where users can access the Website’s educational program: the Epic Self Leadership Program (the Program).
2. The Website is operated by Brighten Project (ABN 77 646 205 643) (‘the Company’). Access to and use of the Website, or any of its associated Products, Services or Programs, is provided by Brighten Project. Please read these terms and conditions (the '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 Services, immediately.
3. Brighten Project reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Brighten Project updates the Terms, it will use reasonable endeavours to provide you with notice of updates to 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

1. You accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Brighten Project in the user interface.

3. Subscription to use the Program

1. In order to access the Program, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee'). The subscription fee will be either a “Pay In Full” amount as a one off payment, or a “Payment Plan” amount which will be split across six monthly payments.
2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Program (the 'Account'). Accounts are normally created through the payment/check out process.
4. As part of the registration process, or as part of your continued use of the Program, you may be required to provide personal information about yourself (such as identification or contact details), including:
   1. Email address
   2. Preferred username
   3. Mailing address
   4. Telephone number
   5. Password
   6. Information about current leadership status and challenges
5. You warrant that any information you give to Brighten Project in the course of completing the registration process will always be accurate, correct and up to date.
6. The Epic Self Leadership Program includes access to the course materials on the website, and access to the Facebook Group for a period of 365 days from the date of purchase which constitutes the 'Subscription Period'. Once you have completed the registration process, you will be a registered Participant of the Website ('Participant') and agree to be bound by the Terms. As a Participant you will be granted immediate access to the Program from the time you have completed the registration process until the subscription period expires.
7. You may not use the Program and may not accept the Terms if:
   1. you are not of legal age to form a binding contract with Brighten Project; or
   2. you are a person barred from receiving the Program 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 as a Participant

1. As a Participant, you agree to comply with the following:
   1. you will use the Program only for purposes that are permitted by:
      1. the Terms; and
      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
   2. you have the 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 Program;
   3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Brighten Project of any unauthorised use of your password or email address or any breach of security of which you have become aware;
   4. 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 Brighten Project providing the Program;
   5. you will not use the Program or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Brighten Project;
   6. you will not use the Program 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;
   7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Program. Appropriate legal action will be taken by Brighten Project for any illegal or unauthorised use of the Website; and
   8. you acknowledge and agree that any automated use of the Website or its Program is prohibited.
   9. you agree to ensure that the Participant conducts themselves in a professional, dignified manner and does not engage in any activity that is detrimental to the health, safety, wellbeing or welfare of any other participant in the Program. Your Participant must not post any content or behave in a manner that is obscene, offensive, anti-social, defamatory, or in any way unlawful, and you must not use the Facebook Group to market or supply any goods or services.

5. Payment

1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
   1. Credit Card Payment ('Credit Card')
2. All payments made in the course of your use of the Program are made using Stripe. In using the Website, the Program or when making any payment in relation to your use of the Program, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
   In the case of any payments being denied or returned, your access to the Program will be suspended until payment issues have been resolved.
4. The Subscription Fee is either:
   (i) $2,000 AUD paid as one lump sum if you select the Pay In Full option
   (ii) six monthly payments of $400 AUD if you select the Payment Plan option.
5. For Payment Plan payments, the Participant authorises the Website to charge your provided card until all payments have been met.
6. You agree to direct all billing and admin enquiries to [email protected] and not to post those enquiries to the Facebook Group.

6. Refund Policy

1. Brighten Project will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Program or if the manager of Brighten Project makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Participant (the 'Refund').

7. Copyright and Intellectual Property

1. The Website, the Program and all of the related products of Brighten Project 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 Program 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 Program are owned or controlled for these purposes, and are reserved by Brighten Project or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by Brighten Project, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Participant to:
   1. use the Website pursuant to the Terms;
   2. copy and store the Website and the material contained in the Website in your device's cache memory;
   3. read any book extracts provided to under Brighten Project’s Statutory Education Licence; and
   4. print pages from the Website for your own personal and non-commercial use.
3. Brighten Project does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Brighten Project.
4. Book Extracts are provided as part of the course curriculum, and provision of those copyrighted materials is covered by Brighten Project’s Statutory Education Licence. All IP rights remain the property of the original author and publisher as specified in the original material. These book extracts are not to be republished or shared.
5. Brighten Project retains all rights, title and interest in and to the Website and all related Program. Nothing you do on or in relation to the Website will transfer any:
   1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
   2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
   3. 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.
6. You may not, without the prior written permission of Brighten Project 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.

8. Privacy

1. Brighten Project takes your privacy seriously and any information provided through your use of the Website and/or Program are subject to Brighten Project's Privacy Policy, which is available on the Website.
2. Group Coaching Calls will not be recorded to protect the privacy and confidentiality of Participants on that call.
3. Some lessons may be provided live, and recorded to be shared with others in the Program. In that case, you irrevocably consent to Brighten Projet using any images, audio recordings, video recording and/or copy/text obtained of you in the course of any live lessons.
4. You irrevocably consent to Brighten Project using any copy/text written by yourself relating to the quality of the content, your progress and outcomes from completing content in the Program. Brighten Project will occasionally use this copy to help promote the Program. This includes any copy/text that you post to any social media account or online platform about your participation in the Program. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your copy/text appears.
5. You agree to release and hold Brighten Project harmless from all claims, demands and causes of action which you or your estates have or may have by reason of the consent provided in clause 8 of this Agreement.

9. Program Changes & Requirements
Information provided about or in the Program is subject to change. You acknowledge that times and dates of group coaching calls are also subject to change during the term of the Program.
Brighten Project makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. To the maximum extent permissible by law, Brighten Project disclaims all liability for any inaccuracy, error or omission in the Program.
Due to the nature of group coaching, the course materials for the Program are general in nature and do not take into consideration the specifics of Your own personal circumstances, business obligations, limitations, legal or contractual Requirements.
Brighten Project utilizes technology and third party owned course platforms in order to deliver the Program to You. Brighten Project will not be liable for any delay in providing the Program to You which is caused or contributed to by a technical issue or discontinuance of a platform outside of the Brighten Project’s reasonable control. If a third party platform becomes unavailable for an extended period of time during the term of the Program, Brighten Project will take reasonable steps to migrate the Program to another platform and notify You of the migration and anything needed to access the Program on the new platform.
Brighten Project may, at its own discretion, but is not required to, provide additional or bonus resources, workshops or other opportunities (“Bonuses”) to You during the Program. Where Brighten Project does so, Brighten Project may cease or discontinue those Bonuses at any time without any liability to You. You agree that any Bonuses offered are at the discretion the Company and that the Company provides no representations or guarantees that any Bonuses will be provided to You during the Program.
Brighten Project may suspend, or schedule breaks in the usual conduct of the Program for any reason, including but not limited to, unforeseen illness, bereavement and / or scheduled leave, by providing You with reasonable notice of the suspension or break, provided that the total time in which the Program is suspended is less than six (6) weeks in total. You expressly agree that these suspensions or breaks do not warrant any extension of the term of the Program.

10. General Disclaimer

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.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

Brighten Project 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 Program or these Terms (including as a result of not being able to use the Program or the late supply of the Program), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Program is at your own risk. Everything on the Website and the Program 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 Brighten Project make any express or implied representation or warranty about the Program or any products or Program (including the products or Program of Brighten Project) 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:

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;

the accuracy, suitability or currency of any information on the Website, the Program, or any of its Program related products (including third party material and advertisements on the Website);

costs incurred as a result of you using the Website, the Program or any of

the products of Brighten Project; and

the Program or operation in respect to links which are provided for your convenience.

11. Limitation of liability

Brighten Project's total liability arising out of or in connection with the Program or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Program to you.

You expressly understand and agree that Brighten Project, 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.

12. All The Other Bits

1. Termination of Contract
   1. The Terms will continue to apply until terminated by either you or by Brighten Project as set out below.
   2. If you want to terminate the Terms, you may do so by:
      1. providing Brighten Project with notice of your intention to terminate; and
      2. closing your accounts for all of the services which you use, where Brighten Project has made this option available to you.
         
         Your notice should be sent, in writing, to Brighten Project via the 'Contact Us' link on our homepage.
   3. Brighten Project may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms or intend to breach any provision;
      2. Brighten Project is required to do so by law;
      3. the provision of the Program to you by Brighten Project is, in the opinion of Brighten Project, no longer commercially viable.
   4. Subject to local applicable laws, Brighten Project reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Program without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Brighten Project's name or reputation or violates the rights of those of another party.
2. Indemnity
   1. You agree to indemnify Brighten Project, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. 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;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
      3. any breach of the Terms.
3. Dispute Resolution
   1. Compulsory:
      1. 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).
   2. Notice:
      1. 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.
   3. Resolution:
      1. On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
         1. Within 14 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;
         2. If for any reason whatsoever, 30 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 President of the Australian Mediation Register or his or her nominee;
         3. 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 pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
         4. The mediation will be held in Sydney, Australia.
   4. Confidential:
      1. 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.
   5. Termination of Mediation:
      1. If 1 month has 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.
4. Venue and Jurisdiction
   1. The Services offered by Brighten Project is intended to be viewed 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.
5. Governing Law
   1. 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.
6. Independent Legal Advice
   1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
7. Severance
   1. 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.