The Tune Up
Terms & Conditions
The 9 Week Tune-Up herein referred to as (“The Tune Up”) is operated and owned by Lynette Arkadie of MyEnergyMentor.com.
For the purposes of these terms and conditions, “Us”, “Our” and “We” refers collectively to Lynette Arkadie, The Tune Up and My Energy Mentor and “You” and “Your” refers to you, the purchaser, visitor, website user or person using our website.
These Terms and Conditions (“Terms and Conditions”) govern your use of this website, membership to The Tune Up course via our online student portal, and or any other online or in-person courses, platforms, channels, forums or events used for The Tune Up.
Please read these Terms and Conditions carefully and contact tuneup at myenergymentor dot com if you have any questions.
1. ACCEPTANCE OF TERMS:
By accessing, using and/or signing up to The Tune Up, you acknowledge that you have understood these Terms and Conditions and you agree to be legally bound by these Terms and Conditions.
If you do not agree with any part of these Terms and Conditions you should not access, use or sign up to The Tune Up.
You must be at least eighteen years old to sign up to The Tune Up. You must refrain from accessing The Tune Up if you are not eighteen or older unless you contact us first at the email above.
If these Terms and Conditions are updated or modified by us, at our sole discretion, we will notify you either on The Tune Up Student Portal Website or via email, and you will be responsible for deciding whether to continue accessing or using The Tune Up.
2. SIGNING UP:
In order to access or engage with The Tune-Up and its services, you must register to become a member by creating a user account (“User Account”) and making payment of the relevant fee specified on the sales page of The Tune Up Website in accordance with Section 4.
In order to create a User Account, you will need to provide certain information to us, that is able to personally identify you, including but not limited to, your name and your email address.
You warrant that all information provided by you is accurate, complete, true and up to date and you agree to notify us immediately in the event that any of your personal information or contact details change.
Our use of the personal information provided by you is governed by our Privacy Policy available at https://www.menergymentor.com/terms-of-use-privacy.
You acknowledge and agree that we may conduct enquiries or request further information, including a form of identification, at our entire discretion in order to verify your identity.
You agree not to create more than one User Account without our express, written permission.
You agree not to create User Accounts for any person or entity that is not you or that is not owned or controlled by you, without our express, written permission.
You will not seek to pass yourself off as another user or person.
You agree not to do anything which would assist a third party who is not a registered user to gain access to any restricted area of The Tune Up or to Confidential Information (defined below) or Course Materials associated with The Tune Up.
You agree that you are responsible for maintaining the protection and confidentiality of your User Account information, such as account identifiers, your password and your account activities.
You will notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others, or if your password is lost or becomes known to any other person.
You agree that information that you provide to us, post, share or otherwise communicate in the course of your engagement with The Tune Up will be licensed to us in accordance with Section 6 of these Terms and Conditions.
3. THE TUNE-UP COURSE:
Upon signing up to The Tune Up and making payment of the relevant fees in accordance with Section 4, you will gain access to various written content, audio content, video content, information, workshops, tasks, tips and tools (“Course Materials”), which together constitute the course offered.
You acknowledge and agree that the information offered by us in delivering The Tune Up
is offered for general information purposes;
is not all available for download and it is solely at our discretion which content is.
is curated by us at our entire discretion from time to time;
is not a substitute for any professional or medical attention, treatment, examination, advice or diagnosis. It is not intended to provide a clinical diagnosis nor take the place of proper medical advice from a fully qualified medical practitioner.
You are responsible for consulting a medical professional before using any of the information or materials contained on or accessed through our website, before commencing any new regimes, trying any treatment, technique or taking any course of action that may directly or indirectly affect your health or well-being.
You acknowledge that the Services and information should not replace discussions with qualified suitable healthcare professionals, where relevant to your condition, and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and you agree and acknowledge that any reliance on any information, discussions or recommendations that may arise during the sessions, is done at your own risk. In engaging our Services, you agree you are at all times responsible for your own physical, mental and emotional well-being.
You acknowledge that our Services come with no guarantees or warranties of any particular outcome. They are for entertainment and recreational purposes only and are not to be relied upon for any replacement for financial, legal or other professional advice. You need to seek advice from a relevant professional in the area prior to taking any action from our Services.
‘Services’ includes any online materials, consulting, coaching, programs, workshops, e-courses, e-books, digital material, sessions, products and all goods and services that may be accessed on or through our website from time to time.
You take full responsibility and risk for making any decision based on information on our website or in using our Services. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained on this website and all such liabilities are expressly disclaimed.
4. FEES:
The relevant fees payable upon signing up for The Tune Up are listed on the myentergymentor.com Website (“The Tune Up Investment”).
Other services, products and offerings may become available to registered members through myenergymentor.com from time to time, and all fees payable in relation to those services, products and offerings will be payable in accordance with these Terms and Conditions.
The fees payable under this Section:
are in Australian dollars unless otherwise specified;
include GST;
are fixed once your registration to The Tune Up has been confirmed, subject to payment being made at the time of purchase; and
may change, at our discretion, without notice.
You agree to pay the full Course fee online at the time of registering.
We accept payment for online purchases by Stripe & PayPal.
Payments via Stripe are subject to Stripe’s terms and conditions. Payments via PayPal are subject to PayPal’s terms and conditions. We are not responsible for any interruptions, disruptions or delays in these services or facilities.
If we invoice you for any part of The Tune Up Fees or for any amount in connection with the services, products or offerings purchased through myenergymentor.com, payment will be due and payable on or before the relevant due date specified on the invoice.
Where a third party agent or entity collects or debits The Tune Up’s Fees on our behalf, you affirm that the above undertakings and representations are applicable in relation to that third party.
Upon receiving your payment for The Tune Up’s Fees in full, we will send you a communication confirming your successful registration to The Tune Up Course. Any other communication from us acknowledging your sign-up or User Account is for information purposes only and does not put us under any obligation to provide access to The Tune Up Course until full payment can be confirmed.
You undertake and warrant that:
all information that you have provided for the purpose of signing up for The Tune Up Course is correct and not misleading;
you are fully entitled to use the payment card or account that you use to make payments; and
you have sufficient funds in your payment card or account to cover The Tune Up Fees or any fees payable in accordance with this Section.
We will take all reasonable steps to ensure or procure that all personal information in connection with billing is protected or encrypted, but to the extent permitted by law, we make no warranty about the reliability, completeness or fitness for purpose of any encryption or storage system used.
We try to ensure our Services are provided with due care and skill, and at all times abide by the Australian Consumer Protection legislation with respect to all refunds.
Should you not feel 100% satisfied with the course content and delivery by the end of week 1, you can withdraw and receive a refund (minus any payment processing fees associated with your choice of payment processor: ie Stripe or PayPal). To receive your refund please email us via tuneup at myenergymentor dot com prior to the close of business (5 pm AEDST time) on Monday 19th September 2022.
We reserve the right to:
suspend or terminate your access to The Tune Up if you fail to pay any part of The Tune Up’s Fees or other amounts payable by you in connection with your access to The Tune Up;
on-sell or authorise a debt collection agency or other authorised agency to collect any amount that is payable by you and has not been paid; and
inform credit watch monitoring services of ongoing default trends or payment avoiding strategies employed, at our discretion.
Any offers, discounts or specials on goods or services provided by us in connection with The Tune Up, will be provided at our absolute discretion and may be withdrawn or revoked at any time if your User Account is suspended or terminated for any reason, or if you are no longer a member of The Tune Up.
5. “BRING A BESTIE” DISCOUNT VOUCHER
Terms and Conditions
The following terms and conditions apply to the redemption and use of our “Bring a Bestie” promotional vouchers and voucher codes ("Vouchers").
Vouchers are only valid for use of The Tune Up course as sold by (https://www.myenergymentor.com/9-week-tune-up) website and mobile website. Not valid for any online marketplaces and offline channels.
A valid code must be entered at the checkout page in order to redeem a Voucher.
Customers can only redeem up to one Voucher per checkout.
Customers can only use the Voucher once.
Voucher validity is limited to the September 2022 enrolments of The Tune Up with no vouchers being accepted after close of enrolments MIDNIGHT (AEDST) TUESDAY 13TH SEPTEMBER 2022.
Lynette Arkadie, The Tune Up Course and My Energy Mentor Brand reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including due to:
suspicious or fraudulent purchasing activity or Voucher use;
Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or
Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of re-selling).
Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.
Vouchers are not exchangeable for cash.
Lynette Arkadie, The Tune Up Course and My Energy Mentor Brand will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:
discontinued or cancelled Vouchers;
improper use of, or inability to redeem, a Voucher; or
the inability to redeem a Voucher due to technical issues.
Lynette Arkadie, The Tune Up Course and My Energy Mentor brand reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.
6. PROHIBITED CONDUCT:
You acknowledge and agree that when accessing The Tune Up, you will not, inter-alia:
access The Tune Up in breach of any applicable laws or regulations or these Terms & Conditions;
use the The Tune Up to transmit (or permit transmission of) unsolicited emails, junk mail, spam, promotional materials or any other uninvited correspondence or form of solicitation to any third parties, including other members of The Tune Up;
attempt to alter, change, modify, adapt, translate, edit or reverse engineer any element of The Tune Up, the Course Materials or any other content contained therein;
use or incorporate The Tune Up, the Course Materials or any other content contained therein, on any other website or other media without our prior written consent or the prior written consent of the relevant third party that owns or controls the content contained therein;
Use The Tune Up, the Course Materials or any other content contained therein, in any manner that we may, in our sole discretion, consider unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;
Use The Tune Up, the Course Materials or any other content contained therein in any manner that may, in any manner, damage, disable, overburden or impair The Tune Up;
use The Tune Up , the Course Materials or any other content contained therein in any way that we may, in our sole discretion, consider to be an infringement of any of our rights or any rights of any third parties;
use The Tune Up to solicit, harvest or collect any personal information, including, but not limited to usernames and passwords from any third parties by electronic or other means, with that parties express and informed consent or approval; or
use automated scripts to collect information from or otherwise interact with The Tune Up.
When posting, publishing, sharing or otherwise communicating on The Tune Up platforms, you will not:
infringe our rights or the rights of any third party,
use or communicate content that is unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;
harass, degrade, intimidate or otherwise target an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
use or communicate information that may identify an individual without that person’s express and informed consent;
use or communicate information about or on behalf of any other person or entity without their express, informed consent;
use or communicate information that misrepresents your affiliation with us or any third party;
use or communicate information that constitutes financial, legal, medical or other professional advice; and
contact other users directly without their express consent.
You agree that you will not use The Tune Up, for any other purpose other than its intended purpose, including, but not limited to:
use of The Tune Up for any non-approved commercial purposes;
the distribution of unsolicited commercial messages;
the sale of access to The Tune Up;
use of The Tune Up, or related resources for the purposes of competing with or displacing the market for The Tune Up , Lynette Arkadie or My Energy Mentor brand.
You will not be involved in or contribute to, directly or indirectly, any conduct, activity, statement, accusation or claim that:
may harm, disparage, damage or diminish the reputation of Lynette Arkadie, The Tune Up, My Energy Mentor or any other person or participant associated with us;
brings Lynette Arkadie, The Tune Up, My Energy Mentor, our clients, affiliates, employees, contractors or assigns into public disrepute; or
defames Lynette Arkadie, The Tune Up, My Energy Mentor, our clients, affiliates, employees, contractors or assigns.
You agree to comply with any applicable “house rules” on The Tune Up student portal or on any other platform used by The Tune Up, and you will be respectful, professional and courteous at all times during the course of your engagement with other users on The Tune Up’s associated platforms.
You must not share any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You must not share content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
7. INTELLECTUAL PROPERTY:
We are the sole and exclusive owner of The Tune Up course and the Course Materials, including, but not limited to written content, visual or interactive elements, graphics, design, code, audio or video recordings, models, software, reports, copyrights, trade marks, logos, trade names, and other intellectual property rights throughout the world.
Except as expressly set out in these Terms and Conditions, you do not have any rights, title or interest, including, but not limited to copyright, in or to any of the Course Materials or any content or information shared by us or a third party via The Tune Up.
Nothing in connection with The Tune Up should be construed as granting any right of use in relation to any intellectual property owned by us.
We grant to you a non-commercial, non-exclusive, non-transferable, revocable and limited licence to access and use the Course Materials for educational and general information purposes only. You may browse or print the Course Materials for educational and general information purposes, but you may not reproduce, exploit or use it for any other purpose, without obtaining the express, written consent of Lynette Arakdie
For the avoidance of doubt, you may not use, reproduce, modify or otherwise exploit any part of the Course Materials or any content communicated by us in connection with The Tune Up to establish, develop, create, maintain or deliver, or assist in establishing, maintaining or delivering your own course, workshop, plan, seminar or network.
The logos and service marks displayed in connection with The Tune Up are the registered or unregistered trademarks of Lynette Arkadie. You may not use, reproduce, modify or otherwise exploit our trademarks, logo or any such materials, whether registered or unregistered, in connection with any product or service, without our express, written consent.
You may not use the Course Materials, any content shared via The Tune Up, or our trademarks, logos, and service marks in any manner that may mislead or deceive the public or cause confusion amongst consumers.
If we make content available for sharing or embedding on third-party sites, the following terms will apply:
such content may not be used by you for commercial purposes except with our prior written consent, and content may only be shared or embedded in expressed written consent from Lynette Arkadie;
no rights whatsoever in any content are granted to you by virtue of our sharing and embedding functions, and we reserve all rights in relation to the content, including the right to delete or remove or to require users to delete or remove shared or embedded content for any reason in our absolute discretion;
notwithstanding the terms of this Section, we will not necessarily notify you of the decision to delete or remove shared or embedded content;
you must provide sufficient contact information in order to allow us to make contact or request such removal;
if a request is made for you to remove shared or embedded content from your website, platform or application, you must comply promptly, but in any case within one business day of the request being made; and
we do not make any warranty, representation or guarantee as to the availability or any quality of service of embedding functionality and may disable the functionality without notice.
To the extent that we have a right to seek a legal remedy in connection with this Section, you agree that we will have a right to injunctive relief.
8. COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law (ACL), in particular, Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Lynette Arkadie, The Tune Up and MyEnergyMentor’s liability for any breach of a term of these terms is limited to:
the supplying of the goods or services to you again;
the replacement of the goods;
or the payment of the cost of having the goods or services supplied to you again.
Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of our services which cannot be excluded, restricted or modified, including but not limited to the ACL. At no time are these statutory rights sought to be excluded
It is an essential pre-condition to you purchasing The Tune Up that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of The Tune Up, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of The Tune Up. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through The Tune Up meet your specific, personal requirements.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
9. LINKS TO OTHER WEBSITES:
The Tune Up, Lynette Arkadie and MyEnergyMentor may from time to time provide on the website, links to other websites, advertisements, articles, businesses or practices and general information on those websites for your convenience.
This does not necessarily imply sponsorship, endorsement, approval or arrangement between The Tune Up, Lynette Arkadie and MyEnergyMentor and the owners of those websites.
We take no responsibility for any of the content found on the linked websites.
Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties.
We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
10. GENERAL
To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.
We give no warranty that the documents, goods or services will be free of errors, that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using The Tune Up or any other products or services that may be offered through it. It is your responsibility to do so.
11. YOUR PRIVACY
At The Tune Up we are committed to protecting your privacy.
We use the information we collect about you to maximise the services that we provide to you.
We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.
Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email to hello at myenergymentor dot com.
12. THIRD PARTIES
We do not and will not sell or deal in personal or customer information.
We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally.
In addition, we may use the information that you provide to improve its website and its services but not for any other use.
13. DISCLOSE YOUR INFORMATION
We may be required, in certain circumstances, to disclose information in good faith and where The Tune Up, Lynette Arkadie and MyEnergyMentor is required to do so in the following circumstances:
by law or by any court;
to enforce the terms of any of our customer agreements;
or to protect the rights, property or safety of our customers or third parties.
14. EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them to users, whether they be business users or domestic users, then you are a competitor of The Tune Up, Lynette Arkadie and MyEnergyMentor.
We expressly exclude and do not permit you to use or access our websites, courses or digital assets, to download any documents or information from its website or obtain any such documents or information through a third party.
If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use.
We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.
15 COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website and The Tune Up course contains material which to the best of our understanding is owned by or licensed to us.
This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics.
You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or use by any third party.
In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited.
You may not, except with our express written permission, distribute or commercially exploit the content.
Nor may you transmit it or store it on any other website or other forms of electronic retrieval system.
16. WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you, Lynette Arkadie, The Tune Up course, the My Energy Mentor website and brand concerning your use and access to our website and your use and access to the documents and information on it.
No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory.
All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
17. EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory.
Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories.
The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
18. AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time.
Please check these terms regularly prior to using our website to ensure you are aware of any changes.
We will endeavour to highlight any significant or substantive changes to you where possible.
If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.
19. JURISDICTION
This agreement and this website are subject to the laws of Queensland and Australia.
If there is a dispute between you and The Tune Up, Lynette Arkadie and MyEnergyMentor that results in litigation then you must submit to the exclusive jurisdiction of the courts of Queensland, Australia with any proceedings to take place within 50 kilometres of Brisbane, Queensland, Australia.
Updated 26th July 2022