TERMS OF SERVICE
By clicking that you understand and agree to these Terms of Service, you are agreeing to be bound by these Terms of Service; if you do not agree, you cannot purchase any of our Products online. We may change these Terms at any time, and by continuing to use or access our website and services, you are accepting those changes.
ADDITIONAL TERMS OF SERVICE FOR BUYERS OF OUR PRODUCTS ONLINE
Things you must do before purchasing Products on our website
be 18 years old or have parental consent;
provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
pay for the Product via the published payment methods available;
have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively;
be careful with your order because after placing an order we cannot cancel it as it will have been processed and paid for by us.
Additional requirements before purchasing Digital Products and Online Courses
create a membership account; and
make payment prior to commencement of the Online Course as your place cannot be reserved or confirmed until payment is received;
inform us if you are unsure of whether you should participate in our Online Course.
We cannot take into account your personal situation or your personal goals or objectives when providing the Online Course. The material is general in nature and we cannot guarantee that your desired outcome will be met as everybody’s circumstances, needs and expectations vary, and it is unreasonable to expect that everyone’s requirements will be met during the Online Course. You must consider whether or not the information and advice is appropriate to your needs. The Materials and Digital Products are not a substitute for independent professional advice and any reliance on this information is at your sole risk. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on this advice. Where we or you have any concerns about your participation, you must provide us with written confirmation from your doctor, psychologist or psychiatrist before participating.
Participation in the Online Courses is at your sole risk, and you are responsible at all times for your safety and mental wellbeing. We are not an emergency service, and are not your doctor, counsellor, psychologist, or psychiatrist. You must always seek proper advice from a professional regarding any diagnosis, assessment or treatment. We are not liable for any Loss or damage suffered in connection with your participation in any Online Course or reliance on any “health or medical advice”.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that there may be:
errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions;
colour differences, so that the colours and images of Physical Products we display may be different on your screen to the colours and images of the actual Physical Products;
some Products we display that are only available through our website;
some Products with limited quantities, and some sales that are limited to certain regions or groups of people;
technical problems downloading Materials or Digital Products, and there are inherent risks associated with downloading digital products.
Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.
You further acknowledge and agree that where payments are made in instalments, you authorised us to deduct all accrued and outstanding fees from your credit card or debit card provided.
Things you must do after purchasing on our website
contact Australia Post or the courier company directly if you have a late, stolen, or damaged deliveries;
contact us by email at firstname.lastname@example.org if you have any issues with the Product and require a refund;
contact us by email at email@example.com if you have any difficulty downloading any Materials or Digital Products;
seek our prior written consent before any publication of information about us; and
in the case of a dispute keep all communications confidential.
Additional requirements after purchasing Digital Products and Online Courses
maintain the confidentiality of your login and password for your membership account;
not allow other people to use your membership account; and
not reproduce, duplicate, copy, sell, re-sell or exploit the Digital Products or Materials in any way.
Things we’d love you to do after purchasing on our website
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at firstname.lastname@example.org.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website and store
Except as required by law, we may at any time, and without prior notice to you:
change and update information including shipping charges, delivery times, availability and promotions;
change prices or descriptions of our Products;
change our range of Products, or discontinue Products and/or
cancel orders if information is inaccurate.
We deliver any physical products at your option and your cost
We deliver Physical Products purchased through our website to the areas that are published on our website. We will process your delivery upon receipt of payment, and send your Physical Products via Australia Post or a reputable courier company. Delivery times will depend on your selected delivery option. Any international customers are responsible for any custom and import duties.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Products are of acceptable quality, fit for purpose and match the description we provide on our website. Where you purchase Digital Products or an Online Course it should also be delivered with due care and skill. You will have the right to have a Product repaired, replaced or refunded if it doesn’t meet a consumer guarantee. You also have the right to the reasonable costs of any return postage where applicable.
Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturer's or our instructions, where you fail to take reasonable care, where you fail to provide us with adequate information, or where you can no longer partake in an Online Course.
If we need to cancel your order we will provide a refund
Except as required by law, all sales for our Products are non-transferable and non-refundable. On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors. Despite our reasonable endeavours, on occasion we may need to change, times or dates of an Online Course at short notice or even cancel parts or all of an Online Course. We will notify you as soon as possible of any changes. In these circumstances we may also offer a transfer you to another Online Course if the time or date is inconvenient to you. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and sell Products at any time
We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, any membership account and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Products.
All the Intellectual Property Rights in our Materials and Digital Products are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials and Digital Products for your personal use only. This licence to use our Materials in relation to the Online Courses is for the duration of the Online Course only. In particular, you must not use our Materials and Digital Products for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at email@example.com to seek consent.
FURTHER RELIANCE ON MEDICAL AND HEALTH ADVICE DISCLAIMER
We may provide information in our Materials and Digital Products and that may be classed as medical or health information. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information or advice may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information or advice may not be complete. For that reason, we cannot guarantee that the information or advice is accurate, complete or current.
LIABILITY & INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, loss or stolen Products during delivery, any late delivery, your reliance on any of our advice and information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, your misuse of any Product.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
the replacement of the products or services or the supply of equivalent products or services; or
the payment of the cost of replacing the products or services of acquiring equivalent products and/or services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Digital Product means any e-book, or any downloadable product.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Materials means any of our books, and any and all online program and course materials, worksheets, documents, copy, diagrams, videos, photographs and anything provided to you during the program or course.
Online Program or Course means Finding Calm and includes all Materials.
Our Representatives means any of our employees, agents, contractors or subcontractors.
Physical product means any physical product we offer, including any essential oils or other products.
Products means any product available through our website, and includes any Physical Product, Digital Product or Online programs or courses.
We, us, or our means The Well Lived Life Company [ABN 28619314541 ] and includes any of our directors, officers, employees, agents, partners, contractors .
Website and services means thewelllivedlife.com.au, and everything available on this website including, but not limited to, all Products.