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Terms of Service

Last updated: August 5, 2025

1. Acceptance of Terms

By accessing and using the Lumingale Academy website (lumingale-academy.com) and our services, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Lumingale Academy ABN 12 345 678 901 ("Company," "we," "our," or "us").

If you do not agree to these Terms, please do not use our website or services.

2. Description of Services

Lumingale Academy provides luxury personal branding services, including but not limited to:

  • Executive positioning and strategic brand development
  • Digital presence optimization and management
  • Thought leadership development and coaching
  • Professional content creation and strategy
  • Brand consulting and advisory services
  • Educational content and resources

3. Eligibility and Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

3.2 Account Registration

Some services may require account registration. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as necessary
  • Keep your login credentials confidential
  • Notify us immediately of any unauthorized use
  • Accept responsibility for all activities under your account

4. User Conduct and Obligations

4.1 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You will not:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful, offensive, or inappropriate content
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper functioning of our services
  • Use our services for competitive intelligence or analysis

4.2 Professional Conduct

As our services are designed for business professionals, you agree to maintain professional standards in all interactions and communications.

5. Service Agreements and Consulting Terms

5.1 Separate Service Agreements

Specific consulting services will be governed by separate service agreements that will include:

  • Detailed scope of work and deliverables
  • Project timelines and milestones
  • Payment terms and conditions
  • Confidentiality provisions
  • Specific terms for that engagement

5.2 Professional Standards

All services are provided in accordance with professional consulting standards and industry best practices. We maintain professional indemnity insurance as required by Australian law.

6. Payment Terms

6.1 Fees and Charges

Fees for services will be as specified in individual service agreements or as displayed on our website. All fees are in Australian Dollars (AUD) unless otherwise specified.

6.2 Payment Methods

We accept various payment methods including bank transfers, credit cards, and other methods as agreed. Payment processing is subject to our payment provider's terms.

6.3 GST

All fees are exclusive of GST unless otherwise stated. GST will be added to invoices where applicable in accordance with Australian tax law.

6.4 Late Payments

Late payments may incur additional charges as specified in service agreements. We reserve the right to suspend services for overdue accounts.

7. Intellectual Property Rights

7.1 Company IP

All content, materials, methodologies, and intellectual property provided by Lumingale Academy remain our exclusive property, including:

  • Proprietary frameworks and methodologies
  • Templates and tools
  • Website content and materials
  • Trademarks and brand elements
  • Training materials and resources

7.2 Client IP

Clients retain ownership of their personal brand elements, content, and materials created specifically for them, subject to our right to use general insights and anonymized case studies for business purposes.

7.3 License Grant

We grant you a limited, non-exclusive, non-transferable license to use materials provided as part of our services solely for your personal branding purposes.

8. Confidentiality

8.1 Mutual Confidentiality

Both parties agree to maintain confidentiality of sensitive information shared during the course of our professional relationship.

8.2 Client Confidentiality

We maintain strict confidentiality regarding client information, strategies, and business details, except where disclosure is required by law or authorized by the client.

9. Warranties and Disclaimers

9.1 Service Warranties

We warrant that our services will be performed with professional skill and care in accordance with industry standards. However, we do not guarantee specific outcomes or results.

9.2 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Services are provided "as is" without warranties of any kind
  • We disclaim all implied warranties including merchantability and fitness for purpose
  • We do not warrant that services will be uninterrupted or error-free
  • We do not guarantee specific business outcomes or results

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:

  • Our total liability for any claims arising from these Terms or our services is limited to the amount paid by you for the specific service giving rise to the claim
  • We will not be liable for any indirect, incidental, special, or consequential damages
  • We will not be liable for loss of profits, revenue, data, or business opportunities
  • These limitations apply regardless of the theory of liability

11. Indemnification

You agree to indemnify and hold harmless Lumingale Academy from any claims, damages, or expenses arising from:

  • Your breach of these Terms
  • Your use of our services
  • Your violation of any law or third-party rights
  • Content you provide or actions you take

12. Termination

12.1 Termination Rights

Either party may terminate these Terms or specific service agreements:

  • With notice as specified in service agreements
  • Immediately for material breach
  • Immediately for insolvency or similar events

12.2 Effect of Termination

Upon termination:

  • All rights and licenses granted to you will cease
  • You must pay all outstanding fees
  • Confidentiality obligations will survive
  • We may retain information as required by law

13. Privacy and Data Protection

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

14. Dispute Resolution

14.1 Good Faith Resolution

Both parties agree to attempt to resolve disputes through good faith negotiations before pursuing formal legal action.

14.2 Mediation

If direct negotiation fails, disputes may be referred to mediation through a mutually agreed mediator or mediation service.

14.3 Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any legal proceedings will be conducted in the courts of New South Wales.

15. Force Majeure

Neither party will be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, government actions, or other force majeure events.

16. Modifications to Terms

We may modify these Terms from time to time. We will provide notice of material changes by:

  • Posting updated Terms on our website
  • Sending email notice to registered users
  • Providing reasonable advance notice of changes

Continued use of our services after changes constitutes acceptance of the modified Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between the parties.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.3 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a business transfer or sale.

17.4 Waiver

No waiver of any provision will be deemed a continuing waiver, and no waiver will be effective unless in writing.

18. Contact Information

For questions about these Terms of Service, please contact us:

Lumingale Academy
Level 42, Governor Phillip Tower
1 Farrer Place, Sydney NSW 2000
Australia

Email: [email protected]
Phone: +61 2 8247 3891
ABN: 12 345 678 901

These Terms of Service are effective as of the date last updated above and will remain in effect until modified or terminated in accordance with the provisions herein.

Lumingale Academy

Transforming personal brands for Australia's most ambitious professionals.

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ABN: 12 345 678 901 | Sydney, Australia