Terms & Conditions

The My Live Plan Hand Shake Agreement

This Agreement for consulting services (Agreement) by and between Impact Savings Pty Ltd ABN 12 632 745 932 trading as My Live Plany (Company) of Lvl 1/35 Ferguson St. Williamstown VIC 3016 Australia and the undersigned (Client).

1. Description of services

a. Access to My Live Plan membership site
b. All services mentioned in the Order Form
i. These services may be subject to change at anytime without notice
c. Client understands and agrees that the use of the Membership site is conditioned upon Client's agreement to the Terms & Conditions and Privacy Policy for use of the Membership provided by Company. The Terms & Conditions in their present form can be found at https://www.myliveplan.com/terms and https://www.myliveplan.com/privacy

2. Term. This Agreement is valid as of the date of first payment and effective for a period of 12 Months henceforth.

3. Termination. This Agreement may be terminated by either party during the term of the Agreement with 3 Months Notice (Notice Period).

a. Client will pay all amounts outstanding for the notice period.
b. Client will have access to the Membership site during the notice period.
c. Company will continue to service Client during the notice period.

4. If the Client breaches the Terms of Use the Company in its discretion can terminate this agreement immediately and the Notice Period will not apply.

5. Schedule. Fees and Credit Card Processing. The fee for the My Live Plan program is $5,280 paid in full for 12 months access or paid in instalments of $550 per month for 12 months.
Client acknowledges and agrees that all payments made are deemed earned when paid and are non-refundable unless they fall within the 30 Day Guarantee Period. If the Client elects to finance the annual fee and make monthly payments, Client authorises Company to charge the credit card provided and on file for the Client each month. Client also agrees to provide a back-up credit card for payment in the event the payment does not process or declines. Client acknowledges, understands, and agrees that failure to authorise the automatic payments and/or if Client disputes a credit card payment processed as set forth in this provision that such failure to authorise or dispute shall be considered a breach of contract by Client.

6. As per the Terms of Use THE FINAL SUCCESS OR FAILURE OF ANY USER AND MEMBER OF, MY LIVE PLAN OR ANY OF THEIR ASSOCIATED COMPANIES DEPENDS UPON HIS OR HER INDIVIDUAL EFFORT. THERE ARE NO GUARANTEES OR PROJECTIONS OF ACTUAL EARNINGS. Client understands that they are ultimately responsible for their own success.

7. Limitation of Services:
a. Client understands and agrees that Company’s services, Website and the Content is intended to provide You with general information only. All Content available on the Website, including (without limitation) any tools, calculators, articles, statements, representations and information is of a general nature only and does not take into account Your investment objectives, particular needs or financial situation. The Content should not be relied upon as the basis of an investment decision. You should seek independent advice from professional advisors before making any decisions regarding the Content or any investment. While we will endeavour to keep this Website and the Content up to date and accurate, we cannot guarantee that the Website or Content will be up to date or accurate.
b. Client understands and agrees that Company’s services does not constitute Counselling services and are not a substitute for professional counselling by a licenced psychotherapist or other licensed professional.

8. Participation. Client understands that should he or she make public posts to My Live Plan run social media groups on any social media platforms, that he or she will act in the spirit of My Live Plan and the Terms of Use of its groups. The Client agrees to hold Company harmless from any action or inaction taken by Facebook. Nothing in this Agreement shall be construed to benefit Facebook or any other third-party entity or individual except as stated in the Terms of Use.

9. Binding Effect. Client has been advised that Client may sand is encouraged to seek legal counsel regarding the legal and binding obligations set forth in this agreement. This Agreement shall be binding upon the parties hereto and their respective heirs, legal representatives, and successors. No assignment of this Agreement, in whole or in part, may be made by Client without the express written consent of Company.

10. Limited warranties. You warrant that:
(a) You have the power, right, authority and entitlement to execute these Terms and perform Your obligations under these Terms;
(b) You full corporate power to execute, deliver and perform Your obligations under these Terms;
(c) these Terms constitute Your legal, valid and binding obligations, enforceable in accordance their terms by appropriate legal remedy; and
(d) in entering into and performing Your obligation under these Terms You have not and will not be in breach of any relevant law or any obligation owed to another person.

11. Indemnity . You agree to be liable for and to indemnify, defend and hold Impact and Basiq harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any violation of these Terms or of any intellectual property or other right by You;
(b) any use or misuse of the Services, Content or data from or by You, Your employees, contractors or agents or any third party; and
(c) any breach of law, regulation or licence by You.

12. Liability. Nothing in these Terms should be interpreted as attempting to exclude, restrict or modify Your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law. If You are a Consumer and the goods and services which we provide You in respect of Your access to and use of the Website are Non PDH Goods and Services, then our liability to You in relation to any claim relating to Your access and use of this Website and the Content is limited, at our option to:
(a) the supplying of the relevant services again; or
(b) the payment of the cost of having the relevant services supplied again.

13. If You do not access our Services as a Consumer, then to the extent permitted by law, we exclude all liability for any Loss incurred by You, however caused (including by our negligence), suffered by You in connection with Your access and use of this Website and the Content. This clause applies even if we knew or ought to have known that the relevant Loss would be suffered.

14. Entire Agreement. This Agreement sets forth the entire agreement between the parties and supersedes and annuls all other agreements, contracts, promises, or representations, whether written or oral, between the parties. No subsequent agreements, contracts, promises, or representations shall be binding and effective between the parties, unless set forth in a writing and signed by the parties. Pursuant to this provision, in order to constitute a signing by the Company, the signatory is required to be a Member of the Company.

15. Severability and Survival. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Company's rights under this Agreement will survive the termination of this Agreement.

16. Electronic Signatures and Submission of Payment. This Agreement shall be valid even if executed in counterparts. An electronic, facsimile, or scanned signature shall be binding and enforceable as if it were an original signature. If this Agreement is signed electronically upon purchase from Company's website, Client acknowledges and understands that clicking through and submitting the first payment or payment in full shall also constitute an electronic signature on this agreement and Client agrees to be bound by the entirety of this agreement and all of its terms herein. Client understands and acknowledges that all payments made through the membership site in this manner are non-refundable.

17. General
a. You may not assign Your rights or obligations under these Terms. Impact may transfer or assign any and all of its rights and obligations hereunder to any third party without your consent.
b. If any provision of these Terms is invalid or not enforceable in accordance with its terms, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
c. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
d. No provision of these Terms will be construed to the disadvantage of us merely because we were responsible for the preparation of the Terms or the inclusion of the provision in the Terms.
e. You must ensure that Your use of this Website complies with all applicable laws and regulations.
f. These Terms are governed by, construed and enforced in accordance with the laws of Victoria. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

18. The parties hereby agree to the terms set forth herein.