Outlier TV: Terms and Conditions of Service

IMPORTANT: These Terms and Conditions constitute a legally binding agreement between you (“Client” or “You”) and Activate Lifestyle Management Pty Ltd (ABN 34 096 292 367) trading as Outlier TV (“Company,” “We,” “Us,” or “Our”). By accessing our website, purchasing our books, programs or engaging in any coaching or consulting services you agree to be bound by these Terms and Conditions.

  1. Acceptance and Scope of Agreement

1.1 The Agreement: These Terms and Conditions govern all purchases of products, programs and coaching or consulting services (collectively, the “Services”) provided by Outlier TV. These Terms along with the specific product/service description and payment details you agree to at the time of purchase form the complete and binding agreement (“Agreement”) between you and the Company.

1.2 Rules of Engagement: You acknowledge that the “Outlier Ascendancy: High Performance Rules of Engagement” provided to you separately set out the behavioural and commitment standards for participation in our Coaching Services and you agree to uphold those standards.

1.3 Age Requirement (Purchaser): You must be at least eighteen (18) years of age to purchase or agree to use our Services. If you are under 18 you may only use this website and purchase Services with the active permission and supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions on your behalf. By making a purchase, you confirm that you are over 18 or are acting with the express consent of a legal guardian.

  1. Disclaimers and Client Responsibility

2.1 NO GUARANTEES OF RESULTS: You acknowledge and agree that Outlier TV makes no guarantees, representations, or warranties of any kind regarding specific or financial results, income gain, business profitability, athletic performance or any other outcome of the Services. Your success depends entirely on your commitment, effort, business acumen, market factors and other elements beyond our control. Any testimonials or examples shown are not a guarantee that you will achieve the same or similar results.

2.2 NOT PROFESSIONAL ADVICE: The Services provided by Outlier TV, including all coaching, consulting, materials, strategies and content, are for educational and inspirational purposes only. The Company is not providing professional, financial, legal, tax, medical, therapeutic or psychological advice.

2.3 Health Disclaimer: If the Services involve physical, mental or emotional challenges, you confirm you have consulted with a medical professional before starting the program and are solely responsible for your decisions, actions and the use of the information provided.

2.4 Client Acknowledgment: You expressly agree that you are fully responsible for your progress, results, decisions and actions during and after the Services. You agree that the Company is not liable for any action or inaction taken by you as a result of the Services.

  1. Financial Terms, Cancellations, and Refunds

3.1 Fees and Payment: You agree to pay the fees for the Services according to the payment schedule selected at the time of purchase. All fees must be paid in full prior to commencing our work together or as per an agreed-upon payment plan.

3.2 Late Payment: Failure to make scheduled payments will result in the immediate suspension or termination of your access to the Services until all overdue amounts are settled.

3.3 One-on-One Session Cancellation: For scheduled one-on-one coaching or consulting sessions, you must provide a minimum of forty-eight (48) hours notice for changes or cancellations. Failure to provide this notice will result in the charge of the full session fee, and the session will be forfeited.

3.4 Group and Online Programs Refunds (Strictly Enforced): a. Online Programs (e.g., Unleash Your Inner Outlier): All investments in digital/online-only, self-study programs are strictly non-refundable. b. Group Coaching/Consulting: Group coaching or consulting session fees are non-refundable. If you cannot attend a live group session a recording of the session will be provided (where applicable) fulfilling the Company’s obligation to deliver the Service. c. General Services: Except as required by the Australian Consumer Law (ACL) no refunds will be provided for any Services once they have commenced or materials have been accessed.

3.5 Australian Consumer Law (ACL) Compliance: Despite our change-of-mind policy above, nothing in these Terms is intended to exclude, restrict or modify any non-excludable guarantee, right or remedy you may have under the ACL, including where a major failure occurs (i.e., the services are not fit for purpose or do not achieve the expected result and cannot be remedied easily). Where the ACL applies your right to a refund or other remedy will be determined in accordance with the ACL.

  1. Intellectual Property and Confidentiality

4.1 Ownership of IP: All materials, content, methodologies, strategies, video modules, templates, private community content and branding provided as part of the Services are the sole and exclusive intellectual property of Activate Lifestyle Management Pty Ltd – Trading as Outlier TV. This includes all rights under copyright, trademark and other applicable laws.

4.2 Permitted Use: The Services and materials are provided to you for your personal, non-transferable use only. This includes books intended for use by your children or dependents.

4.3 Prohibited Use: You agree not to copy, reproduce, teach, sell, licence, share, distribute or otherwise exploit any of the Company’s Intellectual Property for commercial gain or in any way that is contrary to these Terms without our express written consent. Sharing your access credentials (e.g., usernames/passwords) or course materials is strictly prohibited and will result in immediate termination of your access without refund.

4.4 Client Confidentiality: All individual coaching or consulting sessions are 100% confidential. You commit to respecting the privacy and confidentiality of all other participants in any group coaching or online communities, including their shared information, ideas or experiences.

4.5 Feedback Licence: You agree that any feedback, suggestions or ideas you provide regarding the Services may be used by the Company without any obligation to compensate you.

  1. Limitation of Liability and Indemnification

5.1 LIMITATION OF LIABILITY: To the maximum extent permitted by law, the total liability of Outlier TV for any claim arising out of or in connection with this Agreement, the Services or any breach of the Terms (whether in contract, tort, including negligence, or otherwise) shall be strictly limited to the total fees paid by the Client to the Company for the specific Services giving rise to the claim during the six (6) month period immediately preceding the date the claim arose.

5.2 EXCLUSION OF DAMAGES: The Company shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages (including, without limitation, damages for loss of profits, business interruption or loss of information) arising out of the use or inability to use the Services.

5.3 Indemnification: You agree to indemnify, defend and hold harmless Outlier TV, its officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, arising out of or in any way connected with: a. Your breach of any term of this Agreement. b. Your use of the Services or reliance on any information provided therein. c. Any negligent act or omission by you.

  1. Termination of Service

6.1 Termination by Client: You may terminate your participation in the Services at any time by written notice. Termination does not entitle you to a refund, subject to section 3.5 (ACL).

6.2 Termination by Company (Right to Disengage): We reserve the right to immediately terminate or suspend your access to the Services, without refund, if you breach any part of these Terms and Conditions, including but not limited to: a. Non-payment of fees. b. Sharing of Intellectual Property (Section 4). c. Engaging in disruptive, harmful or unprofessional behaviour within any community or session. d. Failing to meet the commitment standards outlined in the Rules of Engagement.

  1. Governing Law and Dispute Resolution

7.1 Governing Law: This Agreement is governed by the laws of New South Wales, Australia.

7.2 Jurisdiction: You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales in respect of any dispute arising under this Agreement.

7.3 Dispute Resolution: If a dispute arises, both parties agree to first seek to resolve the dispute through good faith negotiation. If the dispute is not resolved within thirty (30) days the parties agree to consider mediation or other alternate dispute resolution processes before resorting to litigation.

1. Content:

  1. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
  2. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with these training programs only.
  3. Program(s) content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.
  4. The information contained in program(s) material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
  5. We assume no responsibility for errors or omissions that may appear in any program materials.
  6. User names and passwords may not be shared with any third-parties.
  7. Any violation of Company’s policies regarding content usage shall result in the immediate termination of your Enrolment without refund.

2. Privacy & Confidentiality:

  1. We respect your privacy and must insist that you respect the privacy of fellow Program participants.
  2. We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Program participants and of the Company. Thus, you agree:
    1. Not to infringe any Program participants or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
    2. That any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;
    3. Not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
    4. That all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
    5. The reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
    6. That if you violate, or display any likelihood of violating, any of your agreements contained in this section the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.

3. Interactive Features
It is a condition of your use of the Site and participation in the Program that you do not:

  1. Restrict or inhibit any other user from using and enjoying the Site.
  2. Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  3. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
  4. Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  5. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
  6. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  7. Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  8. Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  9. Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
  10. Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  11. Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  12. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

COMPANY may host Facebook groups, message boards, chats and other public forums. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to groups, the message boards, chats or other public forums in the future.

COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Groups, chats and other public forums are intended to serve as discussion centres for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

COMPANY has no obligation whatsoever to monitor any of the content or postings in the groups, on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

4. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

5. License

Your use of, and access to the Program Materials is on a licensed basis. In that regard, COMPANY hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials for an undetermined, ongoing period.

You agree to:

  1. Constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company.
  2. Not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;
  3. Not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;
  4. At all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material.

The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof or, the name or images of COMPANY or Andrew McCombe or other associated team members / staff, trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Material designated herein. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.

Company shall have the right to approve all uses of the Program Material or derivative uses thereof.

Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.

6. Dispute Resolution

  1. All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in New South Wales, Australia, to be resolved in accordance with the laws of New South Wales, Australia.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.