The Community of the Sacred Membership Terms
ALANA FAIRCHILD PTY LTD
The Community of the Sacred Membership Terms
Alana Fairchild supports people seeking to expand their spiritual path, empower themselves spiritually and develop their healing or other spiritual abilities.
These Course Terms and Conditions (the “Agreement”) is a legally binding contract between you (the “Participant”) and Alana Fairchild Pty Ltd ABN 43 613 359 952 (“Alana Fairchild”) and applies to the purchase of the Course referred to below.
Please read this Agreement carefully and contact [email protected] with any questions. We will do our best to answer your questions but we cannot offer legal advice and so if your query relates to a legal term, then independent legal advice is recommended.
You are deemed to have accepted the terms of this Agreement upon payment of your selected Course fee.
TERMS AND CONDITIONS
Term:
1.1. This Agreement will begin upon payment of the Course fee.
1.2. It will apply for the duration of the Course and completion of any payment plan beyond the course length.
Courses
2.1 Alana Fairchild offers a variety of courses which may change from time to time.
2.2 Detailed content overview, delivery method and duration (and when a forum or equivalent will be included in a course offering, express statement of that fact), investment and payment plans (where available), as well as any pre-requisites for enrolment, or assessment required to attain practitioner status (where applicable), and any additional materials (beyond the course materials) required to participate, as well as expected outcomes for the program, and certification available (when applicable) can be found on each individual course listing page online (see 2.3).
2.3 Listings are online at alanafairchild.com and/or at offer.alanafairchild.com.
2.3.1 Listings are live for as long as a program is available for enrolment.
2.3.2. Listings may be removed if a program is not being offered at that time to avoid confusion in the marketplace.
2.3.3. If you have any questions about a previous course that has become unlisted on the website(s) please reach out to our team at [email protected] with your query.
2.4 Courses that lead to practitioner status may also require an additional contract outlining practitioner obligations, available support from Alana Fairchild for practitioners, and so forth. This is relevant only if the participant wishes to become a registered practitioner in the modality and will be advised on the course information page online.
2.5 Courses are currently hosted via Memberium membership portal and available on desktops and devices.
2.5.1 method of hosting may change when business needs require it.
2.6. ongoing access to course materials
2.6.1 when a course contains non-downloadable content, access to course materials online remains for the life of the portal (or other delivery/hosting method at time of purchase).
2.6.2 in the unlikely event that reasonable business needs require ending access to any course for any reason, including closure of the portal, we will endeavour to provide a generous time frame of notice for participants to re-familiarise themselves with the materials.
2.6.3 if course access is limited to a specific time, eg one year, notice of this will be advised on the course description page and overrides 2.6.1.
2.6.4 if course content is downloadable, course access will be available as per 2.6.1 unless overridden by a different policy stated on the course description page.
3. Fees and Payment
You understand and agree to the payment options as outlined on the course purchase page for each program that you enrol in.
Late payments
3.1 You are responsible for ensuring that payments are made on time.
3.2 Alana Fairchild reserves the right to cease Course access until the due fees are paid in full.
3.3 If an account is beyond 30-days overdue, Alana Fairchild reserves the right to turn the account to third-party collections to collect your debt and related legal fees.
3.4 This Agreement will be terminated, and no further access to the course will be provided.
Variation
3.5 Alana Fairchild reserves the right to vary fees at any time.
3.6 Changes in fees will not affect you and will only apply to a new round of course delivery.
4. Refund Policy
You understand and agree:
4.1 No refunds are offered for failure to complete the program successfully, for withdrawal, or a change of mind.
4.2 If the circumstances (see 4.7) warrant and a refund request is made before the release of course materials, a refund less USD300 administration fee will be provided.
4.3 No refund is available after seven (7) days from any course’s commencement.
4.4 You remain liable for the remainder of the Course fee regardless of whether you paid in full or by payment plan. (Please see Refund Management for reasons other than a change of mind below).
4.5 Refund Management
You understand and agree:
4.6 Your commitment to your success and completion of your selected Course is required to gain maximum results from the Course.
4.7 Refund requests after seven (7) days of any course’s commencement will be managed according to our obligations and your rights as a consumer under Australian Consumer Law.
4.8 Refund requests will be considered on a case-by-case basis and are not guaranteed.
4.9 Where your payment method is via a payment plan, costs will be calculated and deducted from the total fees owing to the Alana Fairchild.
4.10 You will remain liable for the balance for payment owed to Alana Fairchild.
4.11 Failure to pay at any time is a breach of this Agreement, and we are entitled to seek legal relief and remedy for this breach and recover the debt owed by you.
4.12 Outstanding accounts and costs for collection will be referred to a third party for debt collection.
5. Day-to-day communication
You understand and agree:
5.1 If an additional community/course forum or channel is offered for a course, that information will be listed on the course page.
5.2 If such a forum/channel is offered, and unless your communication is confidential, you are requested to post all questions, comments, and observations to the private forum.
5.4 In the absence of such a forum/channel being offered and/or with any private matters such as queries regarding the Course, accounts, or personal issues, please email [email protected].
5.5 We strive to respond to emails within 48 hours during business hours, Monday to Friday.
5.6 If applicable, the forum/channel facilitator will be a member of Alana’s team (if Alana will be hosting such a forum/channel, that will be clearly articulated on the course description page).
5.6.1. Where relevant, the facilitator will aim to respond to group questions within 24-48 hours within business hours.
6. Participant Expectations
6.1 Participants are expected to
complete all modules progressing through all content
complete assessments (where applicable)
learn and practice new skills (where applicable)
conduct practice sessions on fellow participants (where applicable such as in a healing modality program – this will be outlined on the course description page if relevant)
be self-disciplined and self-motivated with study and skills practice
6.2 Your commitment includes but is not limited to:
completing the entire course you have purchased with full participation
attending all live calls or viewing replays
being present and engaged in the program and if relevant, course forum
being committed to achieving your defined outcomes
being supportive of others in the Course
Community protocols for online forums
6.3 We are here to share our experiences with respect and practice the work that Alana has created in a way that can lift us and offer something positive to the planet. Therefore
Be kind and courteous
Be respectful – Healthy debates can be positive, provided non-judgement and kindness exist.
Be open – We are not here to convince anyone to believe anything.
Managing personal communication if a forum/channel is offered for the course
6.4 Alana Fairchild may not offer a forum for your chosen course
6.4.1 If a forum is available, it will be clearly articulated on the course description page
6.4.2 If unclear about this, it is your responsibility to clarify your understanding with our team by emailing [email protected]
6.5 rules for forum engagement (when offered)
6.5.1 this space must also be shared with others to have their say and hold differing views. This can help us learn from each other.
6.5.2 the forum facilitator holds space as best as they can, but the forum is a group space and all participants can help make this a positive experience.
6.5.3 the forum community is encouraged to speak up if there is an issue arising with a fellow community member that requires intervention or support by emailing our team at [email protected]
6.6 Degree of detail in sharing personal experiences
6.6.1 We honour your courage in sharing whilst also asking you to consider your boundaries before posting.
6.6.2 The forum is a support space for the coursework and related matters, not a personal therapy group.
6.6.4 Personal sharing is welcomed, including about complex or challenging matters you are working through; however explicit personal information or detailed recounting of abusive or traumatic experiences should not be shared in the forum and is best kept to personal one-on-one therapy sessions or groups designed for trauma-informed counselling.
6.6.5 If you are unsure about making a post or are having difficulty with the content of another community member’s post, please contact the training team for guidance at [email protected]
6.7 Revoking forum access
6.7.1 Our team will always attempt direct communication with relevant parties from a straightforward, caring, and compassionate place as the first step in resolving any conflict in the community.
6.7.2 In the unusual case that this fails to yield a satisfactory resolution of the issue, our team may temporarily revoke access to the forum as a cooling-off measure.
6.7.3 Our team will remain open to communication with a community member in cooling off to work through any issues and with the intention that the community member can return to the fray as swiftly as possible.
6.7.4. During cooling off, access to your course materials to continue your inner work will remain
6.8 No promotions or spam
6.8.1 Self-promotion, spam and irrelevant links aren’t allowed in this group.
6.8.2 Whilst we acknowledge many wonderful teachers, Alana can only endorse and hold space for the practice of her work in this space, so please be mindful about respecting the space being hosted for you and keeping your focus in the forum on the program it relates to.
6.9 Respect from and for our community
6.9.1 We have a zero-tolerance policy for hate speech, trolling, bullying, or harassment. Please notify the team immediately if you are experiencing this within the community environment.
6.9.2 We reserve the right to permanently block access to the forum in the unlikely situation that another workable solution cannot be found.
6.10 Respect from and for our team
6.10.1 Please have respect for our team. We are all human beings doing our best, and we hold goodwill towards our community members, but this does not guarantee perfection. Let us respect each other and have some tolerance for times when things don’t happen as swiftly or as easily as we may wish.
6.26 If you encounter difficulties with communication or technology, please know that we want to work through the situation with you to find a solution, so just reach out to [email protected]
Technology issues
7.1 Alana Fairchild shall not be held responsible if there are any problems with the website or if the host or network should go down due to circumstances beyond our control.
7.2 When it is within our control, we will do our best to get the system back up as soon as possible.
7.3 Alana Fairchild shall not be liable to you or any other party because of viruses or malware that may infect your or any other party’s electronic equipment.
You agree that you:
7.4.1 will not use any robot, spider or other devices, process or means to access the Course
7.4.2 will not compromise or circumvent the security controls of the Course or otherwise gain unauthorised access to the Course
7.4.3 will not attempt to interfere with the proper working of the Course.
Course Portal
7.5 You will be required to register your details to create a password to access the Course content in the relevant delivery method (such as Memberium membership portal and/or LearnDash or equivalent).
7.6 You are responsible for ensuring the details you provide are correct and current.
Password security
7.7 You are solely responsible for the protection and confidentiality of any password that may be issued to or subscribed for by you from time to time.
7.8 You will not share your password with any other person.
7.9 You will notify us immediately if your password is lost or becomes known to anyone else.
7.10 You are solely responsible for access and use of the relevant sites for course participation via your password, whether such access or use is by you or any other person; and
7.11 The personal information you provide to the Course will be managed according to our Privacy Policy.
8. Intellectual Property and Copyright
8.1 All material, including but not limited to videos, call recordings, resource downloads, and templates available in the Course and within any course created by Alana Fairchild, are the property of Alana Fairchild and their affiliates or licensors. Accordingly, they are protected by copyright, trademark, and other intellectual property laws.
8.2 As a Participant and Practitioner, you are always bound to ensure that you do not breach our intellectual property rights for any reason.
8.3 You may not use any of the materials available in the Course or any teaching platform or in a manner that infringes any of our rights or has not been expressly authorised by us.
8.4 All material, including but not limited to videos, call recordings, resource downloads, and templates available in the Course and within any course created by Alana Fairchild, is provided solely for your personal and non-commercial use unless you are a registered Practitioner who has completed the relevant course requirements.
8.5 Practitioners may use the material for delivering the Course to their clients under license, and the use of materials is restricted to this purpose only.
8.6 Use of materials for any other commercial purpose is prohibited without the express written permission of Alana Fairchild.
8.7 You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material the Course or related courses without the express permission of Alana Fairchild. You may request such permission by emailing [email protected].
Disclaimer
You understand and agree:
General
9.1 You have engaged Alana Fairchild’s services and purchased the Course at your own risk.
9.2 All content, resources and coaching are provided for personal use and information only.
9.3 Alana Fairchild does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your results from the Courses.
9.4 Alana Fairchild cannot and does not guarantee your ability to get results, improve your spiritual practice or development, or otherwise with our mentoring, coaching, tools, ideas, information, or strategies.
9.4.1 Results are dependent on various factors, including but not limited to your current health status, commitment, personal ability, and dedication, and in no way dependent on any information or strategy provided to you by Alana Fairchild.
Medical disclaimer
9.6 Alana Fairchild is a qualified spiritual teacher.
9.7 Alana Fairchild is not a qualified doctor, psychologist, or counsellor.
9.8 Alana Fairchild does not claim to diagnose or heal conditions.
9.9 The information provided in the Course is not intended to, cannot, and should not be expected to be a substitute for advice and treatment from a qualified medical practitioner.
9.10 Any changes you choose to make to your medication, health or treatment protocols should be discussed with your primary healthcare provider and are not intended to, cannot, and should not be expected to be a substitute for professional advice and treatment from a qualified healthcare professional.
9.11 The Courses do not replace any treatment plans or protocols for diagnosed illnesses or medical conditions.
9.12 You are advised to consult your doctor before making any health-related decisions during or as a result of participating in the Courses,
Earnings disclaimer
9.13 Alana Fairchild cannot and does not make any guarantees about your ability to get results or earn any money from mentoring, advice, ideas, information, or strategies provided in any Course or from your decision to develop a business by offering the skills and information you have learned at Alana Fairchild.
9.14 You acknowledge that there is an inherent risk in any business enterprise or activity, and there is no guarantee that you will earn any money as a result of the purchase of any Course.
9.15 Nothing in the disclaimer above will limit or exclude any liability that may not be limited or excluded by applicable law.
10. Limitation of Liability
You understand and agree:
10.1 Liability for the services provided by Alana Fairchild is governed solely by the Australian Consumer Law and these Terms and Conditions.
10.2 Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.
To the extent permitted by law,
10.4 Alana Fairchild excludes all express or implied representations, conditions, guarantees, warranties, and terms relating to any Services except those in this Agreement.
10.5 Alana Fairchild denies any liability in contract, tort (including negligence), or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings incurred or suffered by you arising directly or indirectly out of or in connection with its services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information or advice provided by Alana Fairchild.
10.6 Alana Fairchild guarantees that all services are supplied to you with due care, skill, and fit for the advertised services.
10.7 To the extent that Alana Fairchild is unable to exclude liability; total liability for loss or damage you suffer or incur from services by Alana Fairchild and Alana Fairchild is limited to re-supplying the Services to you or, at our option, refund to you the amount you have paid for the Services to which your claim relates.
11. Dispute Resolution
You understand and agree:
11.1 You will contact Alana Fairchild immediately with any concerns for quick and effective resolution through friendly consultation.
11.2 In the event of a dispute, you agree to the following Dispute Resolution Procedure:
11.3 You must advise Alana Fairchild in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.
11.4 You agree to meet with a key representative of Alana Fairchild in person or via Zoom or Skype in good faith to seek to resolve the dispute by Agreement and compromise.
11.5 If an agreement cannot be reached to resolve the dispute, any party may refer the dispute for mediation to the Law Society of New South Wales (NSW).
11.6 Both parties must attend the mediation provided by the Law Society of NSW in good faith to seek to resolve the dispute.
11.7 Litigation via the court process may only be considered after a genuine attempt at mediation bought by either party is unsuccessful.
11.8 Confidentiality is paramount to both parties’ personal and professional reputations and standing in their business and community.
11.9 At no time will any communications or discussions be made public, including but not limited to any social media platforms or websites of either party.
11.10 Any public discussion or comments about either party will be considered defamatory, harmful or otherwise damaging. They will be the subject of compensation in any mediation or litigation claim.
12. Governing Law
You understand and agree:
12.1 The Terms and Conditions of this Agreement are governed and construed under the laws of New South Wales.
12.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.
Thank you for reading this Agreement. By proceeding with your payment, you accept the Course Terms and Conditions of this Agreement.