BILLING
This Billing Policy (“Billing Policy“) is administered by DAILY WITH LUKE (ABN 53 655 324 477) (“DAILY WITH LUKE” "DWL" “we” or “us”).
You can contact us with any queries you may have in respect of DWL, or this Billing Policy, or the use of your personal information via email at hello@dailywithluke.com.
1) PAYMENT & REGISTRATION TERMS
a) We use a secure online payment system. In order to purchase any of our Products or Services (including access to DWL Website and Program) you will be required to complete our registration form, where you will provide us with your credit card information and other requested personal information.
b) By purchasing any Products or Services through DWL, you agree that we may charge you the price listed on the registration or checkout page at the time of your purchase, including GST and any applicable delivery charges, irrespective of any previous advertised price. We reserve the right to obtain validation of your payment details before processing your order and we must receive successful payment of your order prior to your receiving of any purchased Products or Services (including access to DWL).
c) You warrant that the payment details you provide as well as any related personal details are correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Programs and/or any Products. We reserve the right to decline delivery of your order or registration if your payment fails or is incomplete. We accept no liability in the event you provide incorrect payment or personal details.
d) Unless otherwise stipulated on the Website, all charges are in Australian Dollars.
e) We may offer various "Specials" from time to time. These Specials will be subject to strict terms, including timeframes and other requirements, as stated by us within the advertising material related to a particular Special. A Special will only apply, and can only be redeemed if you meet the requirements of the Special and within the timeframe or promotional period as stated within the related Special's advertising material. For example, if a Special applies only to new members who register in the month of March, new members who register before or after the month of March will not be eligible to receive that Special.
f) The DWL Programs shall be paid for via accepted credit or debit cards, or by any other method specified by us from time to time, either:
i) via an upfront payment and ongoing subscription of annual payments of $118.95 per 12 month period, beginning after any Free Trial period, until cancelled, or
ii) via an upfront and ongoing monthly payments of $19.95 per month, beginning after any Free Trial period, until cancelled.
iii) via an upfront and ongoing payments of the amount and frequency as stated at the time of registration, beginning after any Free Trial period, until cancelled.
g) The first instalment of your chosen subscription (annual or monthly) will be made at the time of your registration, or immediately after any Free Trial period ends. You acknowledge that it is your responsibility to ensure your payment details are up to date and that you have adequate funds in your account for the successful processing of any immediate and ongoing payments until your subscription is cancelled.
h) All Programs and/or Products that require a recurring billing period, usually monthly or annually, state the required recurring billing period and amounts clearly on their relevant registration or checkout pages. A direct link to these Terms is also clearly available on all Program registrations pages.
i) We will not be held liable for any loss you incur arising from your use of any particular payment method unless caused by our fraud or the fraud of our employees.
k) We shall not be obliged to supply the Programs and/or any Products or Services to you until we have accepted your order.
j) Until such time as we accept your order, we reserve the right to refuse to process your order.
k) We may in our absolute discretion refuse to accept an order from you for any reason (including due to timing of placement of an order or availability of supplies) or we may offer you alternative Programs (in which case we may require you to re-submit your order).
l) If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact hello@dailywithluke.com immediately, however, we cannot guarantee that we will be able to amend your order in accordance with your instructions, particularly where orders have been submitted via third party websites.
m) You authorise us to charge your registered payment method All fees are non-refundable, except as otherwise expressly provided in these Terms.
2) FREE TRIALS
a). All payment options offer new users a free trial period before any charges are made, usually the first 7 days, providing users with free and unrestricted access to the DWL Program/s.
b) A user is considered a new user when they have not held an active subscription within a 12 month period. Users who return within less than 12 months of an active subscription may not receive a Free Trial period.
c) If you attempt to access an additional Free Trial period within a 12 month period, you will be charged the relevant subscription fee.
d) The length of any Free Trial period will be stipulated on relevant registration pages. We reserve the right to adjust, amend, discontinue or reinstate any such Free Trial period, including increasing, reducing or removing the Free Trial period at our discretion at any time.
e) You will be charged the relevant amount, as per your chosen subscription, immediately following the end of your Free Trial period.
f) If you do not wish to continue your access or membership to the Program/s, it is your sole responsibility to cancel your subscription prior to the end of your Free Trial period to avoid any payment being made. No refund will be provided for payments made after a Free Trial ends where a subscription has remained active.
g) We reserve the right to void your Free Trial period at any time.
3) SUBSCRIPTIONS
a) Program access requires an active subscription.
b) The monthly and annual subscriptions will be charged and auto-renewed on the first day of the next billing cycle, either every one month or every 12 months, until cancelled.
c) If a payment is declined for any reason, we may or may not notify you. The Program will automatically continue to reattempt any outstanding payments until they are collected, or until your subscription is terminated, either by us or by you. If your outstanding payments are successfully collected via the processing of automatic reattempts, your access will resume as normal.
d) In the event of unsuccessful payments, your account will be temporarily suspended, or terminated until the outstanding payments are successfully processed. Once you have informed us that a working payment method has been provided, we will deduct the total payment amount outstanding. Only once all outstanding payments are successfully collected may your access to the Programs be resumed. You acknowledge that despite any temporary suspension of your Program access due to any failed payment issues, the Programs will not be extended to compensate for any temporary suspension incurred as a result of insufficient funds or incorrect payment details. If your Program is suspended as a result of outstanding payments, and no outstanding payments are collected for a period of 28 days after the due date of your earliest outstanding payment, we may terminate your Program, and your subscription to the Program with or without notice, at which point you will not be able to access the Program again without making a new registration and purchasing the Program as a new member. If your Program is cancelled at any time for any reason, we will not offer to reactivate any cancelled programs and you cannot access any previously accessible content or position within the Program once a program has been cancelled.
4) FREE GIFTS
a) From time to time, DWL may offer free, complimentary or discounted Products or Services as part of new or returning registrations. We reserve the right to adjust, amend, discontinue or reinstate any such offer, including changing or removing the offered Products or Services at any time.
b) The complimentary or discounted Products or Services offered may be exhausted at any time, such as when stock or supplies are limited. In this case, the complimentary or discounted Products or Services will be provided on a first-come-fist-served baiss. We cannot guarantee that the complimentary or discounted Products or Services will always be available at your time of registration. Where you register at a time when complimentary or discounted Products or Services are offered and we are unable to provide the offered complimentary or discounted Products or Services, we may offer similar or other complimentary or discounted Products or Services.
c) Complimentary Products or Services are limited to one (1) per person within a 12-month period irrespective of the number of registrations you may make within any 12-month period, except where expressly stated or offered by us under our discretion.
5) CANCELLATIONS
a) You can cancel your Program at any time via your Member Dashboard – go to ‘Your Settings’ and select ‘Your Subscription’ and select Cancel Subscription. This will immediately cancel your subscription and cease any further payments from the time of your cancellation.
b) You may also write to us to request a cancellation; however this process is not immediate and we require a minimum of 3 days’ notice to attempt to avoid the processing of your next payment. We cannot guarantee that your next payment will be avoided if you choose to cancel via email request. Cancellation requests made via email can only be submitted to hello@dailywithluke.com. A cancellation request sent anywhere other than to hello@dailywithluke.com cannot be accepted as we will not receive it.
c) Any payments made prior to your cancellation request will be retained and cannot be refunded.
d) Whilst you may cancel or request to cancel at any time, no refunds will be offered for any 'unused' period if cancelled prior to the end of your current paid period.
e) Upon self-cancelling, or submitting a cancellation request via email, you acknowledge that your access to the Programs and/or Products, including any associated platforms such as Facebook groups and pages, may cease immediately from the time of your cancellation request.
6) ORIGINAL MEMBER PROMOTIONS
a) To receive an Original Member promotion, you must have personally or directly received or been invited to the offer y the DWL team or Luke Hines, and follow the details given within the invitation.
b) Original Members are usually those who have recently, or, in some cases, previously purchased a ‘Luke Hines 10 Program’ membership, Luke Hines Product/s, or Luke Hines event.
c) The Original Member discount can be applied to any of the membership options (monthly or annual).
c) Original Member discounts will only remain active for as long as you are continually subscribed as a paying member to the DWL Program, from the beginning of your first registration. Upon cancelling, the Original Member discount will be void and cannot be reapplied to a return registration at a later date.
7) GENERAL
a) These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DWL without restriction.
b) This Agreement constitutes the entire agreement between you and DWL regarding the use of the Website and our services and the Programs and/or any Products.
c) The failure of DWL to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
d) If any provision of this Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
e) DWL takes no responsibility for changes in the law which affect the Programs and/or any Products supplied.
f) DWL reserves the right to amend these Terms from time to time and your continued use of the Website, access to your account, or subsequent purchase of the Programs and/or any Products following the posting of any changes to these Terms constitutes acceptance of those changes.
g) You agree that any cause of action must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
h) This Agreement and all transactions undertaken through the Website are governed by the laws of NSW Australia and any legal actions arising out of such transactions shall be under the jurisdiction of the courts of NSW Australia.