Last updated: 5 September 2026

1. About these Terms

1.1 These Customer Terms and Conditions govern the purchase and use of products and services supplied by Lunar Luxe Pty Ltd (ABN 82 613 965 629), operating under the business names The Max Effect Consulting (TMEC) and The Max Effect (we, us or our).

1.2 These Terms apply together with:

(a) the applicable Offer Record;

(b) our Refund Policy;

(c) our Privacy Policy;

(d) our Disclaimer; and

(e) any proposal, order form, statement of work or other written agreement that applies to the relevant product or service.

1.3 You accept these Terms when you:

(a) place an order;

(b) subscribe to a Service;

(c) create or use an account;

(d) tick an acceptance box or otherwise indicate your agreement;

(e) approve a proposal, order form or statement of work; or

(f) access or use a Service after being given access to these Terms.

1.4 You confirm that:

(a) you are at least 18 years old;

(b) you are authorised to enter into the agreement for yourself or the business you represent; and

(c) you are purchasing and using the Services for business purposes.

1.5 Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right, remedy, warranty, condition or other legal protection that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

1.6 In these Terms:

(a) Offer Record means the offer-specific information shown or provided to you at or before purchase, including an applicable sales page, checkout page, order confirmation, pricing page, proposal, invoice, order form, statement of work or other written offer details;

(b) Eligible One-Off Purchase means a one-off product or service for which the applicable Offer Record expressly states that the 30-Day Money-Back Guarantee applies;

(c) Service means any product or service supplied by us, including a one-off product, digital product, template, resource, software-enabled service, account access, subscription, automation, workflow, implementation, consulting, managed service, training, support or other service described in an Offer Record;

(d) Subscription means a Service that renews periodically until cancelled; and

(e) Third-Party Service means software, platforms, telecommunications services, payment services, artificial intelligence providers, hosting services, integrations, APIs and other services supplied or controlled by a third party.

2. Services and Offer Records

2.1 We will supply the Service described in the applicable Offer Record.

2.2 The Offer Record will set out the commercial details relevant to that Service, which may include:

(a) the name and description of the Service;

(b) the price and currency;

(c) GST or other applicable tax treatment;

(d) whether payment is one-off or recurring;

(e) the billing frequency and renewal terms;

(f) included products, features, usage or services;

(g) any separate usage-based or third-party charges;

(h) any setup or implementation;

(i) delivery, activation or implementation timeframes;

(j) cancellation arrangements;

(k) any offer-specific exclusions; and

(l) whether the 30-Day Money-Back Guarantee applies.

2.3 If there is an inconsistency between these Terms and an Offer Record, proposal, order form, statement of work or other written agreement, the more specific document will apply to the relevant Service and issue to the extent of the inconsistency.

2.4 Clause 2.3 does not permit an Offer Record or other document to exclude a right or remedy that cannot lawfully be excluded.

2.5 We may add, change or discontinue products, services and offers for future customers without updating these Terms. A change to an offer does not retrospectively alter an order we have already accepted unless:

(a) you agree to the change;

(b) the change is required by law; or

(c) the change results from a Third-Party Service change and is managed in accordance with these Terms.

2.6 We may correct an obvious typographical, technical or pricing error before accepting an order.

2.7 If an error affects an order that you have already paid for, we will:

(a) honour the order as presented;

(b) offer an appropriate correction for your approval; or

(c) provide a refund of the affected amount.

3. Fees and payment

3.1 You must pay the amounts stated in the Offer Record using the payment method and at the times stated in the Offer Record.

3.2 Unless the Offer Record states otherwise:

(a) a one-off purchase is payable in full at purchase; and

(b) a Subscription is payable in advance for each billing period.

3.3 Prices, currency, GST treatment and other applicable taxes will be identified in the Offer Record.

3.4 A Subscription automatically renews at the frequency stated in the Offer Record until it is cancelled in accordance with clause 5.

3.5 By purchasing a Subscription, you authorise us or our payment provider to charge your approved payment method for each renewal and for any other charge that you have expressly authorised.

3.6 Usage-based and Third-Party Service charges may apply where disclosed in the Offer Record or before you activate the relevant paid functionality.

3.7 We will not activate an automatic wallet top-up or similar automatic usage recharge unless:

(a) the feature and charging basis are disclosed to you; and

(b) you separately activate or authorise it.

3.8 If a payment fails, we may:

(a) retry the payment;

(b) ask you to update your payment method;

(c) suspend the affected Service; or

(d) end the affected Service if payment remains overdue.

3.9 We will not charge more than the amount properly due under the Offer Record and these Terms.

3.10 We may change a Subscription price for a future billing period by giving reasonable prior notice.

3.11 If you do not accept a Subscription price change, you may cancel before the changed price takes effect.

4. One-off products and services

4.1 We will deliver a one-off Service by the method stated in the Offer Record. Delivery may include:

(a) access to digital materials;

(b) templates or resources;

(c) installation or configuration of a system;

(d) access to software-enabled functionality;

(e) training or instructions; or

(f) another defined deliverable.

4.2 An additional one-off product selected at checkout is a separate purchase with its own price and Offer Record.

4.3 Unless the Offer Record states otherwise, you receive a limited, non-exclusive and non-transferable licence to use purchased materials and systems for your own business.

4.4 You must not:

(a) resell or sublicense the materials or systems;

(b) reproduce them for resale;

(c) publish or distribute them to third parties;

(d) copy or reverse engineer our systems for commercial exploitation; or

(e) remove ownership notices.

4.5 Where an Offer Record describes a one-off system with continuing access:

(a) no recurring subscription fee applies to that system unless the Offer Record states otherwise;

(b) usage-based and Third-Party Service charges may still apply where disclosed;

(c) continuing access is subject to these Terms and the availability of relevant Third-Party Services; and

(d) ongoing monitoring, managed services, maintenance, upgrades, compatibility work and custom support are included only where the Offer Record expressly states that they are included.

4.6 A one-off purchase does not create a lifetime guarantee of uninterrupted platform availability or an unlimited obligation for us to rebuild, maintain or update the system following future Third-Party Service changes.

4.7 Clause 4.6 does not limit:

(a) an obligation expressly accepted in the Offer Record; or

(b) a right or remedy that cannot lawfully be excluded.

5. Subscriptions

5.1 A Subscription begins on the date stated in the Offer Record and renews for successive billing periods until cancelled.

5.2 The Offer Record will identify:

(a) the Subscription price;

(b) the billing frequency;

(c) any minimum term;

(d) separate usage or Third-Party Service charges; and

(e) the available cancellation method.

5.3 You may cancel a Subscription through the cancellation facility made available in the platform.

5.4 If the cancellation facility is unavailable or you cannot access your account, you may cancel by emailing [email protected].

5.5 A valid cancellation request received before the next renewal is processed will prevent the next Subscription renewal.

5.6 Cancellation otherwise takes effect at the end of the current paid billing period, and you may continue using the Subscription until that time, subject to these Terms.

5.7 We do not refund an unused portion of a paid billing period or reverse a properly processed renewal merely because the Subscription was not used or was cancelled after renewal, unless:

(a) the Offer Record states otherwise;

(b) we charged you after receiving a valid cancellation request before renewal; or

(c) a refund or other remedy is required by law.

5.8 Ending one Subscription does not automatically end a separate product or Service that remains active and has not been cancelled or refunded.

5.9 Before Subscription access ends, you are responsible for exporting information that the platform permits you to export.

5.10 Following cancellation, information may be retained or deleted in accordance with:

(a) our Privacy Policy;

(b) the applicable Offer Record;

(c) an agreed export or transition process; and

(d) applicable law.

6. Setup and implementation

6.1 If setup or implementation is included, the Offer Record will describe:

(a) the work included;

(b) any customer steps, information, access or approvals required;

(c) any separate setup fee;

(d) relevant timeframes; and

(e) any work not included.

6.2 You must provide accurate information, access, cooperation and approvals reasonably required to perform the setup or implementation.

6.3 You authorise us to begin work when:

(a) you provide the required information, access or approval; or

(b) we notify you that work has started in accordance with the Offer Record.

6.4 You remain responsible for actions that legally or technically must be completed by you, including:

(a) verifying your identity or business;

(b) applying for or activating telephone numbers;

(c) accepting third-party terms;

(d) providing legally required notices;

(e) obtaining permissions or consent; and

(f) completing country-specific regulatory requirements.

6.5 We may provide instructions or reasonable guidance for those actions, but we cannot complete an action that law, regulation or a Third-Party Service requires you to complete personally.

6.6 If you cancel custom setup or implementation before work starts, we will refund any separate setup fee paid.

6.7 Once custom work has started, any refund of a separate setup or implementation fee may be reduced by the reasonable value of work properly completed, unless:

(a) the Offer Record states otherwise;

(b) the entire purchase is covered by the 30-Day Money-Back Guarantee; or

(c) another remedy is required by law.

6.8 If your delay, missing information, unavailable access or failure to provide an approval prevents delivery, any stated delivery timeframe will be reasonably extended.

7. 30-Day Money-Back Guarantee

7.1 The 30-Day Money-Back Guarantee is a voluntary change-of-mind guarantee.

7.2 It applies only to an Eligible One-Off Purchase where the applicable Offer Record expressly states that the guarantee applies.

7.3 It does not apply to a Subscription unless the Offer Record expressly states otherwise.

7.4 You may request a refund of an Eligible One-Off Purchase for any reason by emailing [email protected] within 30 days after purchase and identifying the relevant order and purchase.

7.5 You do not need to prove that we were at fault or provide a reason. We may ask for an optional explanation to help us improve the Service.

7.6 Each Eligible One-Off Purchase is treated separately. If you purchase more than one eligible one-off product, you may request a refund of one or more of those purchases.

7.7 Unless the Offer Record expressly states otherwise, the guarantee covers only the purchase price actually paid for the relevant Eligible One-Off Purchase.

7.8 The guarantee does not refund:

(a) a Subscription;

(b) email, SMS, telephone, artificial intelligence or other usage charges;

(c) separately purchased Third-Party Services;

(d) payment or telecommunications charges imposed directly by another provider; or

(e) another product or service that was not identified as covered by the guarantee.

7.9 We will process an eligible refund to the original payment method where possible within 10 business days after confirming the purchase and eligibility.

7.10 When an Eligible One-Off Purchase is refunded:

(a) your licence and right to access and use that refunded product end;

(b) you must stop using and, where applicable, delete copies of the refunded product;

(c) we may remove, deactivate or disable the refunded system or product where technically practicable; and

(d) access to another product or Service that has not been refunded may continue.

7.11 The 30-Day Money-Back Guarantee is additional to and does not limit rights or remedies under the Australian Consumer Law or other applicable law.

8. Consumer guarantees and problems

8.1 After the 30-day period ends, we do not provide a refund merely because you changed your mind, no longer require the Service or did not use it.

8.2 If a product or service does not comply with a consumer guarantee or another mandatory legal requirement, we will provide the remedy required by law.

8.3 Depending on the circumstances, a legal remedy may include:

(a) correcting a problem;

(b) providing a service again;

(c) replacing a product;

(d) reducing the price;

(e) cancelling the affected service; or

(f) providing a partial or full refund.

8.4 We may reasonably assess the product or service and request information needed to determine:

(a) what occurred;

(b) whether the problem can be corrected;

(c) whether the problem was caused by our work, your actions or a Third-Party Service; and

(d) the remedy required by law.

8.5 A temporary Third-Party Service interruption does not, by itself, create a right to a change-of-mind refund.

8.6 Nothing in clause 8 limits a right or remedy that cannot lawfully be excluded.

9. Your responsibilities

9.1 You must provide accurate information, timely approvals and any access reasonably needed to supply the Services.

9.2 You are responsible for the legality, accuracy and permissions relating to content, contact information, customer lists, instructions, recordings and other information you provide or use through the Services.

9.3 You must not use the Services:

(a) unlawfully;

(b) deceptively or fraudulently;

(c) to harm, abuse or harass another person;

(d) to infringe another person’s rights;

(e) to send communications without the required permission; or

(f) in breach of applicable platform rules.

9.4 If you send or automate email, SMS, telephone, social media or other communications, you are responsible for:

(a) having a lawful basis and any required consent;

(b) accurately identifying the sender;

(c) providing any required contact information;

(d) providing and honouring applicable opt-out or unsubscribe methods;

(e) following applicable calling-time and disclosure rules; and

(f) maintaining records of consent where required.

9.5 We remain responsible for legal obligations that apply directly to our own conduct and cannot transfer those obligations to you.

9.6 If a Service requests or manages customer reviews, you must:

(a) request only genuine reviews from people who have had a genuine experience;

(b) send review requests consistently to eligible customers rather than selectively requesting only positive reviews;

(c) not suppress, prevent or improperly alter genuine negative reviews;

(d) not offer an unlawful or undisclosed incentive for a positive review; and

(e) comply with the rules of the applicable review platform.

9.7 If you enable call recording, transcription, artificial intelligence voice functionality or similar functionality, you must provide all notices and obtain all permissions required in each relevant jurisdiction before using it.

10. Artificial intelligence, automation and Third-Party Services

10.1 Some Services may include or depend on:

(a) artificial intelligence;

(b) automations and workflows;

(c) chatbots or voice tools;

(d) CRM and messaging functionality;

(e) telecommunications providers;

(f) payment providers;

(g) analytics or advertising services;

(h) APIs and integrations; and

(i) other Third-Party Services.

10.2 Artificial intelligence and automated outputs may be incomplete, inaccurate, outdated, unexpected or unsuitable for your circumstances.

10.3 You are responsible for reviewing and approving material outputs, communications, workflows and decisions before:

(a) relying on them;

(b) publishing them;

(c) sending them to customers; or

(d) using them to make a material business or legal decision.

10.4 Third-Party Services may:

(a) be interrupted or unavailable;

(b) change their features, pricing or rules;

(c) impose usage limits;

(d) delay or reject approvals;

(e) produce errors or unexpected results; or

(f) discontinue functionality.

10.5 We do not control and cannot guarantee the continuous availability or future operation of a Third-Party Service.

10.6 To the maximum extent permitted by law, we are not responsible for an interruption, delay or failure to the extent it is caused by:

(a) a Third-Party Service;

(b) a telecommunications or internet failure;

(c) scheduled or emergency maintenance;

(d) a regulatory or platform approval delay;

(e) an event outside our reasonable control; or

(f) your act, omission, instruction or configuration.

10.7 Where reasonably practicable, we will use reasonable efforts to:

(a) investigate a reported problem;

(b) restore affected functionality that is within our control; or

(c) identify an available workaround.

10.8 Clauses 10.5 and 10.6 do not:

(a) exclude responsibility for our own breach, negligence or wilful misconduct;

(b) exclude an obligation expressly accepted in an Offer Record; or

(c) limit a right or remedy that cannot lawfully be excluded.

11. Privacy, customer information and confidentiality

11.1 Our Privacy Policy explains how we collect, use, hold and disclose personal information.

11.2 If you provide personal information about your customers, staff or contacts, you are responsible for having the rights, notices, permissions and lawful instructions needed for us and our service providers to process it for the relevant Service.

11.3 Where we process customer information on your instructions to provide a Service:

(a) you generally determine why the information is processed and how it is used;

(b) we process it to provide, support and secure the Service;

(c) we may use relevant Third-Party Services and contractors to perform that processing; and

(d) information may be processed in other countries as described in our Privacy Policy.

11.4 Each party must keep the other party’s confidential business information confidential and use it only for the purpose for which it was provided.

11.5 Clause 11.4 does not apply to information that:

(a) is already lawfully public;

(b) was lawfully known without a duty of confidentiality;

(c) is independently developed without using the other party’s confidential information; or

(d) must be disclosed by law.

11.6 If disclosure is legally required, the receiving party will, where lawful and reasonably practicable, notify the other party before disclosure.

11.7 We will take reasonable technical and organisational steps to protect information in our control.

11.8 No online system can be guaranteed to be completely secure. We will respond to and provide notifications about a data incident where required by applicable law.

12. Intellectual property

12.1 We and our licensors retain ownership of our:

(a) software and systems;

(b) methods and processes;

(c) templates and workflows;

(d) documentation and training materials;

(e) branding;

(f) pre-existing intellectual property; and

(g) other materials supplied by us.

12.2 You retain ownership of content and information you provide.

12.3 You grant us a limited, non-exclusive permission to host, process, reproduce, adapt and transmit your content and information only as reasonably necessary to:

(a) supply the Services;

(b) follow your lawful instructions;

(c) provide support;

(d) secure the Services; and

(e) comply with law.

12.4 Ownership and permitted use of a custom deliverable will be determined by the applicable Offer Record, proposal or statement of work.

12.5 Unless the Offer Record expressly states otherwise:

(a) our pre-existing materials and systems remain ours;

(b) you receive a licence to use the delivered materials for your own business; and

(c) no ownership in our underlying systems, methods, templates or intellectual property is transferred to you.

13. Disclaimers

13.1 Nothing in this clause excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, restricted or modified.

13.2 Information, examples, recommendations, frameworks, templates, prompts, strategies, training, commentary and other content supplied by us are general in nature.

13.3 They are not legal, financial, accounting, taxation, employment, privacy, compliance, regulatory, medical or other professional advice.

13.4 You should obtain appropriate independent professional advice for your circumstances.

13.5 Business, marketing, advertising, review, referral, lead-generation, conversion, sales and revenue outcomes depend on factors outside our control, including:

(a) your offer and pricing;

(b) your market and competition;

(c) customer demand;

(d) your reputation and location;

(e) your budget;

(f) data quality;

(g) your staff and sales process;

(h) speed of follow-up;

(i) platform rules and approvals; and

(j) how you implement and use the Services.

13.6 Examples, case studies, testimonials, forecasts, projections, calculators, estimates, performance figures, revenue examples, return-on-investment examples and conversion examples are illustrative only.

13.7 Unless an Offer Record expressly states otherwise, we do not guarantee any particular:

(a) number or rating of reviews;

(b) lead or booking volume;

(c) response or conversion rate;

(d) sales, revenue or profit;

(e) return on investment;

(f) cost saving;

(g) ranking or advertising result;

(h) customer response; or

(i) other business or commercial result.

13.8 We do not guarantee that an artificial intelligence feature, automation, workflow, message, response, campaign, CRM setup, funnel, website or other Service will be completely error-free, uninterrupted or suitable for use without appropriate review.

13.9 Additional public-facing disclaimers may appear on our websites, landing pages, sales pages, checkout pages, proposals, emails, advertisements, social media, resources and other materials.

13.10 Those additional disclaimers apply together with this clause but cannot exclude a right or obligation that cannot lawfully be excluded.

14. Liability and indemnity

14.1 Nothing in these Terms limits liability that cannot lawfully be limited.

14.2 To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of opportunity or loss of data to the extent caused by:

(a) your misuse of a Service;

(b) your instructions or content;

(c) your failure to follow reasonable instructions;

(d) your breach of these Terms; or

(e) a Third-Party Service or event outside our reasonable control.

14.3 To the extent permitted by law, our total aggregate liability:

(a) for a one-off Service is limited to the amount paid for the affected Service; and

(b) for a Subscription is limited to the fees paid for the affected Service during the three months immediately before the event giving rise to the claim.

14.4 The limitations in clauses 14.2 and 14.3 do not apply to:

(a) fraud;

(b) wilful misconduct;

(c) liability for death or personal injury caused by negligence;

(d) our breach of confidentiality or applicable privacy obligations to the extent liability cannot lawfully be limited; or

(e) applicable consumer guarantees and other non-excludable liability.

14.5 You indemnify us against a third-party loss directly caused by:

(a) your unlawful use of the Services;

(b) content or information supplied by you that infringes another person’s rights; or

(c) your material breach of these Terms.

14.6 The indemnity in clause 14.5 is reduced to the extent the loss was caused or contributed to by our breach, negligence or wilful misconduct.

14.7 We must:

(a) notify you of a relevant third-party claim within a reasonable time;

(b) take reasonable steps to mitigate the loss; and

(c) not agree to a settlement that imposes an admission or non-monetary obligation on you without your consent, which must not be unreasonably withheld.

15. Suspension and ending access

15.1 We may suspend or restrict an affected Service where reasonably necessary because:

(a) payment is overdue;

(b) the Service is being used unlawfully or in material breach of these Terms;

(c) there is a serious security, privacy or operational risk;

(d) suspension is required by law or a Third-Party Service; or

(e) suspension is reasonably necessary to protect our systems or another person.

15.2 Where reasonably practicable, we will notify you of the reason for suspension and provide an opportunity to correct the issue.

15.3 Either party may end an affected Service if the other party commits a material breach and does not correct it within a reasonable period after receiving written notice.

15.4 We may end a Service immediately if:

(a) the breach cannot reasonably be corrected;

(b) continued supply would be unlawful;

(c) there is fraud, deliberate misuse or serious harm; or

(d) a necessary Third-Party Service permanently ceases and no reasonable alternative is available.

15.5 When an affected Service ends:

(a) access ends at the time stated in the Offer Record or these Terms;

(b) amounts properly incurred remain payable;

(c) each party retains rights that arose before termination;

(d) licences dependent on continued access end; and

(e) data is handled in accordance with clause 11 and our Privacy Policy.

15.6 Ending one Service does not automatically end another separately purchased Service that remains active.

16. Complaints, governing law and general terms

16.1 Please contact [email protected] first so we can investigate and try to resolve a complaint promptly.

16.2 These Terms are governed by the laws of New South Wales, Australia.

16.3 You may also have mandatory rights under the laws applying where you are located.

16.4 If a dispute cannot be resolved directly, each party agrees to make a genuine attempt to resolve it through good-faith negotiation before commencing court proceedings, except where urgent relief is required.

16.5 We may use employees, contractors and service providers to help supply the Services while remaining responsible for obligations that apply directly to us.

16.6 Neither party is liable for delay or failure caused by an event outside its reasonable control, except for:

(a) an obligation to pay an amount already properly due; or

(b) an obligation that cannot lawfully be excluded.

16.7 We may update these Terms for future purchases at any time.

16.8 For an existing Subscription, we may update these Terms by giving reasonable notice where the change materially affects your rights or obligations.

16.9 If you do not accept a material change affecting an existing Subscription, you may cancel before the change takes effect.

16.10 You may not assign or transfer your agreement without our prior written consent, which will not be unreasonably withheld.

16.11 We may assign the agreement as part of a genuine business sale or restructure, provided this does not materially reduce your rights.

16.12 If part of these Terms is invalid or unenforceable, the remainder continues to apply.

16.13 A delay in enforcing a right is not a waiver of that right.

16.14 These Terms, the applicable Offer Record and documents listed in clause 1.2 form the agreement for the relevant Service.

16.15 Clauses concerning payment, confidentiality, intellectual property, disclaimers, liability, disputes and other provisions intended by their nature to continue will survive termination.

16.16 Notices may be provided electronically using the email address or account details supplied by the receiving party.

16.17 Contact details:

(a) Lunar Luxe Pty Ltd;

(b) ABN 82 613 965 629;

(c) operating under the business names The Max Effect Consulting and The Max Effect; and

(d) email: [email protected].