General

1. We, Angelika Purves (sole trader for Angelika Alana and Awakened Womxn formerly Lit Up for Life) herein referred to as AP or Awakened Womxn or Lit Up for Life, offer a subscription-based service to the content within the Awakened Womxn site and app.

2. All purchases are subject to our Terms of Service.

3. Subscriptions can be purchased either directly from:3.1. the Awakened Womxn formerly Lit Up for Life website (Awakened Womxn Website Purchase); or 3.2. externally (In-App Purchase).

4. Different subscription plans may be offered depending on Your location or place of purchase.

5. The subscription fee will apply regardless of how much or how often You access or use Your subscription.

In-App Purchase

6. These include a purchase made via an external App Store, such as the Apple App Store or Google Play Store, or another similar App Store.

7. An In-App Purchase is purchased from and billed by the respective App Store, not by Us.

8. You agree that:8.1. an In-App Purchase is subject to the terms, conditions and other licensing arrangements specified by that App Store provider;8.2. In-App Purchases are processed securely via the payment gateway used by the relevant App Store provider; and8.3. You must take up with the App Store provider directly any payment-related issues You experience with an In-App Purchase or return requests.

Awakened Womxn formerly Lit Up for Life Website Purchase

9. Subscriptions purchased directly from the Awakened Womxn formerly Lit Up for Life website are managed and billed by Us.

10. All Awakened Womxn formerly Lit Up for Life Website Purchases are processed securely via our third party payment gateway providers, such as Stripe or PayPal. You must refer to their terms and conditions for additional information.

11. All transactions are handled over SSL and are PCI-Compliant. We do not store Your credit card details.

Payment

12. Subject to any free trial period, payment must be made at the time of purchase and before You have access to Your subscription.

13. Subscriptions to the Awakened Womxn formerly Lit Up for Life App or Site will be auto-renewed on the first day of Your next billing period.

14. You must notify Us of any change to Your Payment Method.14.1. We will assume your Payment Method is correct and will continue to bill fees and charges relating to Your subscription by Your nominated Payment Method;14.2. 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.

15. We reserve the right to vary the fees billed for Your subscription-based Products from time to time, but only for the next and subsequent billing periods.15.1. In that event We will give You notice of the variation at least 14 days before it will come into effect; and15.2. 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.

Free Trials

16. Your Awakened Womxn formerly Lit Up for Life subscription may start with a free trial for a fixed period as specified at the time of sign up.

17. Free trials are only available to new Awakened Womxn formerly Lit Up for Life users, and are at the sole discretion of Awakened Womxn (AP), and if you attempt to sign up for an additional free trial You will be immediately charged with the standard subscription price.

18. We reserve the right to revoke Your free trial at any time.

19. Unless You cancel before the end of the trial period, Your free trial will automatically roll over to a paid subscription.

20. Any unused portion of Your free trial period will be forfeited upon purchase of a subscription.


Promotions

21. We may offer special promotions, trials, discounts, offers or coupons from time to time directly through Awakened Womxn formerly Lit Up for Life or through third parties, subject to and on its terms and conditions separate to those of Awakened Womxn formerly Lit Up for Life. It is Your responsibility to read and understand those terms and conditions.

22. Any trial offers or subscriptions will automatically rollover to a paid subscription unless cancelled at the end of the promotional period, or unless otherwise stated.


Cancellation

23. You may cancel Your subscription at any time via emailing support@litupforlife.com.

24. Unless You cancel at least 24 hours before the start of Your next billing period, you will be charged for the next billing period.

25. After cancellation, You will continue to have access to Awakened Womxn formerly Lit Up for Life for the remainder of Your billing period.

26. To cancel your subscription via the Awakened Womxn formerly Lit Up for Life App or the Web-App email support@litupforlife.com

27. If We take action to collect any unpaid subscription fees from You, You will pay all costs (on a full indemnity basis) incurred in doing so.

28. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.

29. If you are dissatisfied for any reason, please contact our Support Team at support@litupforlife.com 

30. Further information about cancellation is available at:31.1. Our Support Team at support@litupforlife.com

Governing Law

31. The laws in force in the state of California USA, govern these ‘Awakened Womxn’ formerly ‘Lit Up for Life’ Billing Terms.

Interpretation

Billing Terms means theses billing terms and conditions outlined herein including any additions or variations of these Awakened Womxn formerly Lit Up for Life Billing Terms made 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 14.

Products means 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.

Terms of Service refers to and includes Our Privacy Policy, Returns Policy and Disclaimers which can be viewed below under ‘DISCLAIMER’, including any additions or variations to these policies and disclaimers made by Us;

We or Our or Us refers to Angelika Purves (ABN 29802970711);

You or Your refers to you, the customer or subscriber.

 

DISCLAIMER

Customer understands 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. Customer understands their participation in this Program 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 other practitioner as determined by their own judgment. Customer understands that the Program is not a substitute for health care, medical or nutritional advice of any kind. Customer understands and agrees that Customer is fully responsible for their mental wellbeing during the Program, including their dietary, mental and physical choices and decisions during the Program. Customer understands that Program team members are not psychotherapists or practicing psychotherapy with Customer. Customer agrees to seek medical advice as determined by their own judgment before starting this or any other Program or discontinuing use of any medications as prescribed by their medical practitioner. You should consult your physician or other health care practitioner before starting this program. Nothing stated herein is intended to be, and must  not be taken to be, the practice of medicine or medical advice. Customer understands Customer is fully responsible for any and all adverse reactions, including but not limited to, emotional or physical reactions to the content in the Program. Customer understands that all suggestions offered by Company are solely for the purpose of aiding Customer in achieving Customer’s defined goals. Customer has the ability to give their informed consent, and does hereby give such consent to 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. Customer acknowledges 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 use of the services, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the program. Customer understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind. Customer agrees that its results are dependent on various factors and in no way are dependent on any information Company provides to Customer. Except as specifically provided in this agreement or where the law requires a different standard, Customer agrees that Company is not responsible for any loss, including financial loss, property damage, or bodily injury caused by use of the Program. To the maximum extent permissible under applicable law, 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 Program and the maximum amount that the Company would be liable is the fees paid for the Program.



Confidentiality

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 during the Program. 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 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, 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.

 

10. 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 own personal use. Any disclosure to a third party is strictly prohibited.

Company's Program is copyrighted and the original materials that have been provided to Customer are for Customer's individual use only and a single-user license. All intellectual property, including Company's copyrighted program 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.

 

11. Customer Responsibility 

Customer accepts and agrees that Customer is fully responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing regarding Customer’s performance. Customer understands that because of the nature of the Program and extent, the results experienced by each Customer may significantly vary. Customer acknowledges there is no guarantee that Customer will reach their goals as a result of participation in the Program.

 

 

12. Severability/Waiver

If any provision of this Agreement is held by 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.

 

13. Miscellaneous

 A) Limitation of Liability. 

Customer agrees they are using the Company’s services at their own risk and that Program is only an educational service being provided. Customer releases Company, its officers, employers, directors, contractors and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Customer accepts any and all risks, foreseeable or unforeseeable. Customer agrees that Company will not be held liable for any damages of any kind resulting 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 Program. 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 Program or in any way resulting from the services provided by the Company or use of techniques and practices taught. 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 pursuant to this paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns, and agents.

 

B) Non-Disparagement. 

In the event that 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 herein below. 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 other 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 programs, members, owner, directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

 

C) Assignment. 

This Agreement may not be assigned by the Customer, without express written consent of 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.

 

D) Termination. 

Company is committed to providing all customers in the Program with a positive Program experience. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Program and terminate any further services without refund or forgiveness of payments if Customer becomes disruptive to Company or Program, difficult to work with or upon violation of the terms as determined solely by Company. Customer will still be liable to pay the total contract amount. Furthermore, Company reserves the right to pause Customers participation in the Program if Company deems, in its sole discretion, Customer unable to safely and effectively continue in the learning environment, until such a time when Customer is physically and emotionally able to resume the Program. 

 

E) Age Requirement.

Customer must be 18 years of age or older to enroll in the Program.

 

F) Health Waiver.

The Program is an intensive deep dive into personal growth. Customer understands that Company intends to support Customer in an effective, appropriate and personalized way. Therefore, Customer may be obliged to sign a form that confirms Customer is aware of any health conditions that are contraindicated to the practices in the Program. Company does not collect medical information about Customer. If Company deems Customer unsuitable for Program due to any health or wellness related issues, Company may decide to cancel Customer future participation.

 

G) Indemnification. 

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 and all 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 Program 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 absolutely 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 Customer, Customer is responsible for any and all arbitration and attorney fees.

 

I) Notices.

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: angel@litupforlife.com

 

J) Entire Agreement.

This Agreement constitutes and contains the entire agreement between the Parties with respect to 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 in accordance with the laws of the State of California, United States of America.

 

BY PURCHASING THIS PROGRAM YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE WORKING AGREEMENTS ABOVE.