- What these terms cover
These are the terms and conditions (“Terms”) on which we supply our services and digital products to you. Please read these Terms carefully before you purchase from us. These Terms tell you who we are, how we will provide services and digital products to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss prior to making your order.
These Terms set out the conditions on which we supply any of the following services or digital products to you via our website or through any other platform or software which we may utilise:
- digital downloads or streaming of audio products to your computer or mobile device;
- digital downloads or streaming of video products to your computer or mobile device;
- digital downloads of supporting materials;
- subscription to our digital membership community;
collectively “the Services”.
- Who we are and how to contact us
We are Maree Kirkpatrick Consulting, whose registered address is 4 Turuga Street Turramurra. We are trading as Maree Kirkpatrick (“we / us / our”). To contact us, please email us at [email protected]
- Our contract with you
These Terms apply to the order by you and supply of Services by us to you and create the contract between us (“Contract”). To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing. This Contract is the entire agreement between you and us in relation to the Services. You acknowledge and agree that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in this Contract.
When buying any Services from us, you also agree to be legally bound by:
- our Website Terms and Conditions and any documents referred to in them;
- our Privacy Policy (https://www.mareekirkpatrick.com/privacy) and any documents referred to in it.
- Placing an order and its acceptance
You place an order for the Services by the Service being added to a shopping cart. Once you are ready to purchase, you will enter your name, email address and payment details. To purchase the Service, you must click the Buy Now button. When you click the Buy Now button, you understand and agree that you will be charged for the Service(s) via the payment details you have provided.
Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. Before you place your order, you must check that the hardware and software requirements of your computer or device mean that you can download or access the Services.
Our acceptance of your order takes place when we send an email to you to accept it (“Order Confirmation”), at which point and on which date the Contract between you and us will come into existence. The Contract will relate only to those Services included in the Order Confirmation.
If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
- Charges and Payment
The charges for the Services will be the price indicated on the order pages when you placed your order on our website (“Charges/Investment”). We use our best efforts to ensure that the Charges/investment for the Services advised to you are correct. However please see below for what happens if we discover an error in the Charges for the Services you order. The Charges for the Services are in Australian dollars ($AUD), and are inclusive of goods and services tax (“GST”).
We accept payment with debit and credit cards. When purchasing Services, you must pay for them:
- at the time of ordering them, if it is a purchase of one-off services or digital content, or an annual payment for ongoing services or a subscription to receive services or digital products; or
- on the monthly billing date or the annual billing date as advised to you in your Order Confirmation, if it is a purchase of ongoing services or a subscription to receive services or digital products paid for on a monthly or annual basis.
By purchasing ongoing services or a subscription to receive services or digital content, you acknowledge and agree to being charged an ongoing recurring monthly fee or an ongoing recurring annual fee depending on which payment plan you have chosen, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing monthly fee or annual fee will continue to be deducted, without further consent from you or notice from us, until such time as you or we cancel the Contract between us.
It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the Services is secure by using a secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms or our Privacy Policy, or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
- Cancelling your order
If you are ending the Contract for a reason set out at (1) to (6) below, the Contract will end immediately and we will refund you in full for any Services which have not been provided. The reasons are:
- we have told you about an upcoming change to the Services or these Terms which you do not agree to;
- we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
- there is a risk that supply of the Services may be significantly delayed because of events outside of our control;
- we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the Contract because of something we have done.
- you are within a 14 day money back guarantee period from date of purchase
If you are entitled to a refund under these Terms we will refund you the Charges you paid for the Services by the method you used for payment. Your refund will be made within 14 days of your notifying us that you want to cancel the Contract.
Where you have agreed to pay a monthly fee or an annual fee for ongoing or subscription services or digital products, you can cancel your Contract at any time using the methods set out below. You must let us know of your intention to cancel the Contract at least fourteen (14) days before the next billing date for which you are scheduled to pay the monthly fee or the annual fee for subscription services or digital products. If you do not provide us with at least fourteen (14) days notice of your intention to cancel your Contract, you will be charged the next scheduled monthly fee or annual fee in accordance with these Terms.
To cancel the Contract, you can email us at [email protected] with the details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email.
Where you have agreed to pay a monthly fee or an annual fee for ongoing or subscription services or digital products, you will not be entitled to a refund unless one of the reasons set out in the sections (1) to (6) above apply. Cancellation of your Contract for ongoing or subscription services or digital products for any other reason will not entitle you to a refund.
- Our rights to end the Contract
We may end the Contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
- you violate these Terms or any other terms of use which apply to your use of or access to the Services.
If we end the Contract in the situations set out above we will refund you any sums you have paid in advance for Services which will not be provided.
We may write to you to let you know that we are going to stop providing the Services at any time and at our absolute discretion. We will let you know at least one (1) month in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.
- Our Services
We will supply the Services to you in accordance with the timelines appearing on our website at the date of your order, or if no dates appear on our website, as otherwise advised to you. If the Services are:
- one-off Services, then we will begin providing the Services on the date agreed with you during the order process. The estimated completion date for the Services is as told to you during the order process;
- a one-off purchase of digital content, then we will make the digital content available for download or access by you as soon as we accept your order;
- ongoing Services or a subscription to receive Services or digital content, then we will supply the Services to you until either the Services or subscription are completed, or you or we end the Contract as described in these Terms.
If our supply of the Services is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any sums you have paid in advance for Services which will not be provided.
We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
We may have to suspend the supply of a Service to:
- deal with technical problems or make minor technical changes;
- update the Service to reflect changes in relevant laws and regulatory requirements;
- make changes to the Service as notified by us to you.
We will contact you in advance to tell you we will be suspending supply of the Services unless the problem is urgent or an emergency. If we must suspend the Services, we will adjust the Charges so that you do not pay for Services while they are suspended. You may contact us to end the Contract for a Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Service in respect of the period after you end the Contract.
If you do not pay us for the Services when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the Services during the period for which they are suspended.
- Your obligations
You agree that you are purchasing Services for your private, non-commercial use only. You further agree that you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Services, or part of the Services, that you purchase through this website or from us unless agreed with us in writing.
You will keep the Services secure. You are responsible for ensuring that you do not lose, destroy, or damage any Services you purchase from us or through our website.
You are responsible for ensuring that any software or hardware you use to download and/or access the Services functions correctly with our website or any alternative platform on which we make the Services available. You acknowledge and agree that the provision of any and all technical requirements is your sole responsibility and is at your own cost.
You will keep any login details confidential. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
Whilst we have utilised in creating the Services, and we will always in our dealings with you utilise, our best professional endeavours and skills, we do not guarantee any specific outcome from your use of the Services as any such outcome will vary based on the level of effort, engagement and implementation on your part. You agree that we are not and will not be liable or responsible for any of your actions, inactions, direct or indirect results in connection with the Services.
- Intellectual property rights
We are the owners or licensees of all intellectual property rights in the website, and the Services you purchase, including any databases that hold relevant information about the website or its Services. These rights are protected by copyright or trade mark registration and you may only use the Services, or any part of them, in accordance with these Terms.
Upon payment of the Charges for any of our Services we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Services for your own personal, non-commercial use.
You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Services, or part of the Services, that you purchase through this website or from us unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to take legal action if this occurs.
- How we may use your personal information
We will use any personal information you provide in order for us to provide the Services, process your payment for the Services, and inform you about similar services that we provide, but you may stop receiving this information at any time by contacting us. Further details of how we process personal information are set out in our Privacy Policy, which is available on our website.
- Limitation of liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the Services.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract, including any loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, or loss of use or corruption of software, data or information.
You acknowledge and agree that we are not legal, taxation, financial or marketing advisers and none of the information provided as part of or in connection with the Services should be deemed or taken as advice or advisory services. Any information provided as part of the Services is intended to provide general business education only and is not personalised or specialised advice on which you should rely. We strongly recommend you seek the services of competent legal, taxation, accounting and marketing professionals before taking any actions or making any decisions relating to your legal, taxation, financial or marketing liabilities, responsibilities or affairs. We will not be liable or responsible for any actions or decisions, or the impacts of any actions or decisions, taken in relation to your business.
Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the relevant provisions of the Australian Consumer Law or the Competition and Consumer Act 2010 (Cth) (“ACL”), or the exercise of a right conferred by the ACL, or any liability of ours in relation to a failure to comply with a guarantee that applies under the ACL to a supply of services.
- Other important terms
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
This Contract is between you and us. No other person will have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
These Terms, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.
Latest Update 2.3.2024
