1.3 Any testimonials posted on the raves page are independent and genuine. However, they do not guarantee or warranty of similar results.
2. License to use the site
2.1 We grant you a non-exclusive, worldwide, non-transferable license to use the Website in accordance with the terms and conditions set out in this agreement.
2.2 You acknowledge and agree that we may alter or cease the operation of the Website at any time in our sole discretion, and the Website may be unavailable from time to time, including for maintenance purposes.
2.3 We may terminate your license to use the Website without notice if you breach these Terms.
3. Posting information & comments
3.1 You will not:
(a) Alter the Website in any way
(b) Upload any information, text or data to the Website other than text in a text form provided for that purpose
3.2 You must not add any content to the Website:
(a) That might be in breach of any law or other obligation
(c) Considered defamatory, offensive, pornographic, in breach of confidence or a similar obligation, threatening, abusive, and liable to incite hatred or a breach of privacy
(d) That is considered as spam or promoting your own business, blog or any other commercial advertising
(e) That infringes any rights belonging to another person.
3.3 If you post any content to the Website or make comments during webinars conducted by us, you grant us a perpetual, non-exclusive, royalty free, irrevocable, worldwide and transferable right and license to use that content in any way without limitation, and you permit us to authorise any other person to do the same thing. You consent to anything which we may do or not do in relation to your content which would otherwise be in breach of your moral rights. This includes that we may use your content without attributing you as the source of your content.
3.4 If you email us, unless you specify otherwise, you grant us the same rights in relation to the email as set out in clause 3.3.
4. Intellectual Property
4.1 All materials on the Website, including text, graphics, design, names, logos, and underlying software are protected by copyright owned or licensed by us, and you acknowledge and agree that this is the case.
4.2 We permit the material on the Website to be downloaded to your computer for viewing and/or printing, as long as:
(a) You have registered to do our online course and the material is kept the same form as presented on the Website (including any copyright or other notice);
(b) It is for your personal, non-commercial use;
(c) It is used for a lawful purpose; and
(d) The material is appropriately attributed to us or the source.
5.1 We take care in creating the information and material on the Website but make no warranties or representations regarding the accuracy, completeness, quality or fitness for purpose of any material or content.
5.2 We do not guarantee that any data, file or program available for download from or via the Website or from any website linked to our website is free from virus or any other condition which might or could damage or interfere with data, hardware or software with which it might be used, and in accessing the Website, you assume all risk of use of all materials, programs and files on the Website. Prior to using any downloaded file you should carry out an appropriate virus check.
5.3 We are not liable to you or any person claiming through you for any loss or damage howsoever caused resulting from the use of the Website, any website linked to the Website, materials or content including the transmission of any virus.
6. Limitation on Liability
6.1 When you acquire services from us, the Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the full extent permitted by law:
(a) Under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the Website;
(b) We exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom.
6.2 For the avoidance of doubt, nothing in these Terms limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
7.1 These Terms are governed by and to be construed in accordance with the laws of Victoria, and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria. If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
Terms of service
1.1 We, us, our mean She Found A Way Pty Limited.
1.2 You and your mean the purchaser of goods, audio or video content from She Found A Way Pty Limited.
1.3 This is a contract between us and you.
2.1 When you purchase audio or video content from us, we grant you a licence (which is limited, revocable, non-exclusive, non-transferable) to listen to, download or stream such content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the content other than as set out in this contract. You must not sell, transfer, lease, modify, distribute or publicly perform the content in any manner and you must not exploit it commercially. You agree to not tamper with the content or create any derivative works therefrom.
2.2 We may terminate your license to use any purchased products if you breach this contract.
3.1 You may request to make payments by instalments. If you and we agree that you may make payments by instalments you must pay all instalments on or before each due date.
3.2 The due date for each instalment is 30 days after purchase and payment of the first instalment, and 30 days after each previous instalment.
3.3 All goods sold by us are charged in USA dollars. If you are located in Australia you will be charged Australian Goods and Services Tax.
4. The Australian Consumer Law and limitation of liability
4.1 For the avoidance of doubt, nothing in this contract limits or restricts your ability to make a claim against us that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
4.2 Subject to paragraph 5.4 and to the extent permitted by the Australian Consumer Law and relevant state legislation, our sole obligation under this contract is to use our best endeavours to provide the products or to repair the products or repair or replace any part of a product which is found to be defective during one year after purchase. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(a) Under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the products you purchase from us;
(b) We exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom;
(c) In no event shall we be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
4.3 If the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation we limit our liability to payment of an amount equal to the lowest of:
(a) The cost of replacing the goods or services or supplying equivalent goods or services;
(b) The cost of repair of the goods;
(c) The cost of having the goods repaired or replaced.
4.4 Subject to paragraph 5.4, we are not responsible for any loss caused by an error or defect in the products or errors or faults caused by components supplied by any other person.
5.1 Voluntary refunds:
(a) We offer a money back satisfaction guarantee for the Live Louder program where the request is made within 30 days of purchase. To obtain your refund please email email@example.com.
(d) When you receive your refund you are obligated to delete every copy of the product that you have downloaded as well as copies you have placed on other devices or media.
5.2 You may be entitled to a refund as a result of your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
5.3 If you are entitled to a refund, we will refund your money within two weeks of notice to us.
5.4 If you are required to return any goods, you are liable for the cost of returning those goods unless the cost is significant.
5.5 Your refund will be paid in the currency in which it was received by us. If you paid in a currency other than Australian dollars, you are liable for the costs of exchange.
These terms are up to date as at 13th March 2015