TERMS & CONDITIONS

These Terms and Conditions (Terms) govern your access to and use of the website located at www.thesuccessmethod.co (Website) and all services, programs, membership, content, products, and materials provided by The Success Method™, operated by Barnard Family Trust ABN 38709610632, Queensland, Australia
(The Success Method™, we, us, our).

These Terms apply to all programs and products currently offered, including:

• The Success Method™ Membership

• The LaunchPad Program (course)

• Any other service, product, or program we make available from time to time

We reserve the right to update or amend these Terms at any time without prior notice. The current version will always be published on our Website. Your continued use of the Website or Services following any update constitutes your acceptance of the revised Terms.

You are taken to have read, understood, and accepted these Terms by:

• accessing or using the Website

• purchasing or registering for any Service

• completing the registration process for any Membership or program

• participating in any training, coaching, community, or content
  
  

If you are purchasing on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms.

When purchasing any Service through the Website, you agree to pay the price displayed at the time of purchase (Purchase Price). Payment may be made through the available payment providers listed on the Website at the time of purchase.

By completing a purchase, you confirm your agreement to:

• the Purchase Price and any applicable payment plan obligations

• the specific terms applicable to the Service purchased

• these Terms and Conditions in full

Following payment confirmation, you will receive written confirmation of your purchase to the email address provided. The Success Method™ reserves the right to vary pricing for future purchases at any time without notice.

Where a payment plan is offered and selected, you enter into a binding financial commitment to complete all scheduled payments for the full duration of the plan, regardless of whether you continue to access or use the Services.

You acknowledge and agree that:

• a payment plan is a commitment to pay the total program fee in instalments, not a right to exit the agreement early

• failure to complete scheduled payments does not extinguish or reduce your payment obligation

• cancellation of a Service or Membership does not cancel any outstanding payment plan obligations

In the event of a default in payment:

• The Success Method™ will issue a written notice of default to your registered email address

• you will have seven (7) calendar days from the date of that notice to remedy the default

• if the default is not remedied within that period, all outstanding balances under the payment plan may become immediately due and payable

• your access to the Services may be suspended or revoked immediately

• interest may accrue on the outstanding balance at a rate of 5% per annum, calculated daily from the date of default

• The Success Method™ reserves the right to engage a debt recovery agency or pursue legal proceedings to recover outstanding amounts, and you agree to reimburse all reasonable costs of recovery, including legal fees.

Access to Services is delivered as follows:

• The Success Method™ Membership and The LaunchPad™ Program: delivered via Systeme.io (Educational Platform)

Upon purchase, you are granted a limited, personal, non-transferable, non-exclusive, revocable licence to access and use the program materials solely for your own personal, non-commercial educational purposes (Licence).

This Licence remains in force only for the duration of your program access period as specified in your program terms.

You must not:

• share your login credentials or access with any other person

• copy, reproduce, distribute, publish, or transmit any program materials in any form

• use any program materials for commercial purposes or on behalf of any third party

• modify, adapt, translate, reverse-engineer, or create derivative works from any materials

Any unauthorised use of program materials constitutes a breach of these Terms and may constitute an infringement of our intellectual property rights, entitling us to seek injunctive relief and damages.

The Success Method™ Membership is offered on a minimum term of twelve (12) calendar months from the date of your initial onboarding call (Commitment Period).

By registering for the Membership, you expressly acknowledge and agree that:

• you are entering into a legally binding financial commitment for the full 12-month Commitment Period

• your obligation to pay all Membership fees for the full Commitment Period exists independently of whether you continue to access or engage with the Membership

• the only mechanism to exit the Membership without financial obligation for the remaining Commitment Period is the 30 Day Love It or Leave It Period described in Clause 7

• cancellation of Membership access after the 30 Day Love It or Leave It Period does NOT cancel your payment obligations for the remainder of the Commitment Period

• NO refunds of Membership fees will be issued except as required by Australian Consumer Law

• The first months payment/membership fee is NON-REFUNDABLE even when the first 30 Day Love It or Leave It is invoked

• If you have paid in full for the 12 month period and invoke the Love It Or Leave It Clause, you will only be entitled to be refunded 90% of the value of the full 12 month payment

Your electronic acceptance of these Terms at the point of purchase constitutes your informed and binding acknowledgement of the 12-month financial commitment, with the same legal effect as a written signature under the Electronic Transactions (Queensland) Act 2001 (Qld).

The Success Method™ offers a 30 day cancellation right for new Membership registrations (Love It or Leave It Period).

To exercise this right, you must:

• submit written notice of cancellation by email to support@thesuccessmethod.co

• send that notice within thirty (30) calendar days of the date of your initial onboarding call

• include your full name, the email address used at registration, and the date of your onboarding call in your notice

The 30 Day Love It or Leave It Period will NOT be available where:

• written notice is not received within the 30-day period

• you have materially breached these Terms prior to giving notice

• the onboarding call has not taken place due to your failure to attend a scheduled appointment

Upon confirmation of a valid cancellation within this period:

• your Membership access will be terminated effective from the date of confirmed cancellation

• your Licence to program materials will end immediately

• you must immediately cease using all program materials

The Success Method™ will confirm receipt of your cancellation notice within three (3) business days. Cancellation is not effective until confirmed in writing by The Success Method™.

NOTE:

The first months payment/membership fee is NON-REFUNDABLE even when the first 30 Day Love It or Leave It is invoked

• If you have paid in full for the 12 month period and invoke the Love It Or Leave It Clause, you will only be entitled to be refunded 90% of the value of the full 12 month payment

The Love It or Leave It Period applies to the Membership only. The LaunchPad™ Program is governed by its own refund and cancellation terms as set out in these Terms.

The LaunchPad Program™ (LaunchPad) is a structured business development program offered by The Success Method™. The LaunchPad™ is not subject to a fixed minimum term and does not carry the 12-month commitment applicable to the Membership.

8.1 Payment Obligations

The LaunchPad™ is available for purchase as a single upfront payment or, where offered, via a payment plan. The Purchase Price and available payment options will be displayed at the time of purchase.

By purchasing The LaunchPad™ Program, you expressly acknowledge and agree that:

• the full Purchase Price is due and payable in its entirety, whether paid as a lump sum or via an agreed payment plan

• where a payment plan is selected, you are committing to complete all scheduled instalments in full; selecting a payment plan does not reduce the total amount owed nor create any right to exit the payment obligation early

• a decision to stop engaging with or accessing the program at any point does not extinguish your obligation to complete all outstanding payments under the payment plan

• in the event of a missed or failed payment, the default provisions in Clause 4 apply, including the right of The Success Method™ to suspend access and to pursue recovery of all outstanding amounts, including applicable interest and recovery costs

8.2 No Cooling-Off Period and Non-Refundable Policy

The LaunchPad™ Program does NOT include a 30 Day Love It or Leave It Period or any equivalent cooling-off or cancellation right. By completing your purchase, you acknowledge that no discretionary refund right is available.

All payments made in connection with The LaunchPad™ Program are strictly non-refundable, including in circumstances where you:

• choose not to commence or complete the program

• do not engage with or access the program materials

• do not achieve your desired business or personal outcomes

• request a refund at any stage after purchase

Notwithstanding the above, nothing in this clause excludes any right you may have to a remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) where a consumer guarantee has not been met.

Outside of those statutory rights, no refund, credit, or reduction of the Purchase Price will be provided under any circumstances.

NOTE:

The LaunchPad™ Program is non-refundable and does not include a cooling-off period.

There is no 30 Day Love It or Leave It entitlement.

If a payment plan is selected, all instalments remain payable in full regardless of program engagement.

Please ensure you are satisfied with your purchase decision before proceeding.

After the expiry of the initial 12-month Commitment Period, your Membership will continue on a rolling basis until cancelled.

To cancel your Membership after the Commitment Period:

• you must provide written notice of cancellation to support@thesuccessmethod.co

• cancellation will take effect at the end of the billing cycle following receipt of your written notice

• no refunds will be issued for any period of Membership already paid

Membership fees remain non-refundable following expiry of the 30 Day Love It or Leave It Period, unless otherwise required by Australian Consumer Law.

By purchasing any Service, you agree to contact The Success Method™ directly at support@thesuccessmethod.co to attempt to resolve any payment dispute before initiating a chargeback, reversal, or dispute through your bank, credit card provider, or any payment platform.

You acknowledge and agree that:

• initiating a chargeback for a valid payment made under these Terms without first attempting resolution with The Success Method™ constitutes a breach of these Terms

• The Success Method™ reserves the right to suspend or terminate your access to Services immediately upon notification of a chargeback

• any outstanding balances may become immediately due and payable

• The Success Method™ may provide documentation of these Terms, your acceptance, and your payment history to the relevant financial institution to dispute the chargeback

• you agree to reimburse The Success Method™ for all costs incurred in connection with disputing a chargeback, including administrative costs, financial institution fees, and reasonable legal costs

In the event of any dispute, claim, or controversy arising out of or in connection with these Terms or any Service (Dispute), the parties agree to the following process before commencing any legal proceedings:

• The party raising the Dispute must notify the other party in writing, clearly setting out the nature of the Dispute and the outcome sought

• Within fourteen (14) calendar days of receipt of that notice, senior representatives of both parties will meet (in person, by phone, or by video) and make a genuine good-faith effort to resolve the Dispute

• If the Dispute is not resolved within that 14-day period, either party may refer the matter to a mutually agreed mediator, with costs shared equally

• Only if mediation fails or is refused may either party pursue the matter through the courts of Queensland, Australia

Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a court of competent jurisdiction where necessary to protect their rights.

All members participating in The Success Method™ community spaces - including the private Facebook group and any other platform or forum - agree to engage respectfully and professionally at all times.

You agree NOT to:

• harass, intimidate, bully, or abuse other members or team members

• post offensive, defamatory, discriminatory, or unlawful content

• promote unrelated commercial services or products

• collect, record, or redistribute the contact details of other members without their express consent

• engage in any conduct that disrupts the learning environment or experience of other members

The Success Method™ reserves the right to remove any content and to suspend or permanently revoke Membership access where these guidelines are breached, without refund.

You agree to act in a respectful and professional manner in all interactions relating to The Success Method™, its team, guest experts, and other members - whether in program spaces, public forums, social media, or otherwise.

You agree not to make, publish, or communicate any statement, review, post, or comment that is false, misleading, or materially inaccurate and that is intended to damage the reputation of The Success Method™, its directors, employees, or contractors.

For the avoidance of doubt, this clause does not prevent you from making genuine, truthful, and fair consumer reviews or from exercising any rights available to you under Australian Consumer Law.

If a concern or complaint arises, you agree to first raise the matter directly with The Success Method™ at support@thesuccessmethod.co, allowing a reasonable opportunity of no less than fourteen (14) days to respond and attempt resolution.

Breach of this clause may result in immediate termination of access to all Services and Membership without refund.

The Success Method™ will use reasonable efforts to deliver high-quality educational services.

However, the nature of coaching, training, and business development program means individual outcomes will vary.

We make no guarantee of any specific business, financial, personal, or professional result arising from participation in any Service.

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy you have under Australian Consumer Law.

All training, coaching, and materials provided by The Success Method™ are for educational and informational purposes only.

You remain solely responsible for your own business decisions, actions, and results.

We make no representation, warranty, or guarantee regarding income, revenue, client acquisition, business growth, or any other financial or commercial outcome arising from participation in our Services.

Any examples of results, revenue, client outcomes, or business performance shared in our content, testimonials, marketing, or programs are provided for illustrative purposes only and are not representative of typical results.

Your results will depend on factors including but not limited to your personal effort, experience, business model, market conditions, and implementation.

By participating in any Service, you acknowledge that you are responsible for conducting your own due diligence and that The Success Method™ bears no liability for any business or financial outcome.

All content, materials, frameworks, videos, documents, templates, branding, and written materials provided by The Success Method™ are protected by copyright and constitute the intellectual property of Barnard Family Trust (or its licensors).

Except as expressly permitted under the Licence granted in Clause 5, you must not reproduce, copy, distribute, publish, transmit, adapt, modify, commercialise, or otherwise use any materials without the prior written permission of The Success Method™.

Any unauthorised use may constitute an infringement of our intellectual property rights and we reserve all rights and remedies available to us at law and in equity.

To the maximum extent permitted by applicable law, The Success Method's™ total aggregate liability to you for any claim arising out of or in connection with these Terms or any Service will not exceed the total amount paid by you for the specific Service giving rise to the claim in the six (6) months preceding the claim.

The Success Method™ will not be liable for any indirect, special, incidental, consequential, or punitive loss or damage, including loss of profit, loss of revenue, loss of business opportunity, or loss of data, whether arising in contract, tort, statute, or otherwise, even if advised of the possibility of such loss.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under Australian Consumer Law.

The Success Method™ will not be in breach of these Terms and will not be liable for any delay or failure to perform its obligations to the extent that such delay or failure is caused by circumstances beyond our reasonable control (Force Majeure Event), including but not limited to internet outages, platform or software failures (including Systeme.io or third-party tools), power outages, natural disasters, pandemic, government action or restrictions, or illness of key personnel.

In the event of a Force Majeure Event, The Success Method™ will notify you as soon as reasonably practicable and will make reasonable efforts to resume delivery of the Services.

Where interruption occurs, we may reschedule sessions, extend access periods, or provide alternative delivery methods at our reasonable discretion.

Your privacy is important to us. Any personal information collected through the Website or Services will be handled in accordance with our Privacy Policy, available at www.thesuccessmethod.co/privacy, and in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to conflict of law principles.

Subject to Clause 13 (Dispute Resolution), any dispute that proceeds to litigation will be subject to the exclusive jurisdiction of the courts of Queensland, Australia, and you irrevocably submit to that jurisdiction.

Severability:

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed from the Terms and the remaining provisions will continue in full force and effect.

Entire Agreement:

These Terms, together with any program-specific terms provided to you at the time of purchase, constitute the entire agreement between you and The Success Method™ in relation to your use of the Services and supersede all prior representations, agreements, and understandings.

Waiver:

A failure or delay by The Success Method™ to exercise any right under these Terms does not constitute a waiver of that right.

No Assignment:

You may not assign, transfer, or sub-licence any of your rights or obligations under these Terms without our prior written consent.

Electronic Execution:

You acknowledge that your electronic acceptance of these Terms (including by completing a purchase or checking a box) is binding and has the same legal effect as a handwritten signature pursuant to the Electronic Transactions (Queensland) Act 2001 (Qld).

Business Name:

Barnard Family Trust t/a The Success Method

Email:

support@thesuccessmethod.co

Address:

2/10 Lake Kawana Blvd, Birtinya QLD 4575, Australia

Website:

www.thesuccessmethod.co