CONSCIOUS CARE PTY LTD - TERMS & CONDITIONS
1.1 By using or accessing the Conscious Care Pty Ltd (Liz Atherton) website or by purchasing any courses or software provided on the website or in connection with Liz Atherton's services, you agree that you are bound by these terms and conditions (Terms). These Terms affect your legal rights and obligations.
2. defined terms and interpretation
2.1 In these Terms the following words have the corresponding meaning:
(a) “Conscious Care” includes any entity to which it transfers its rights and obligations under these Terms;
(b) “Customer” means any user of the Website, or any person who contracts with Conscious Care to purchase any Products through the Website;
(c) “Products” means any software or courses bought by the Customer through the Website;
(d) “Services” means our publishing services offered on the Website;
(e) “Supplier” means any supplier, if any, with whom Conscious Care contracts to deliver the goods to the Customer;
(f) “we”, “our” and/or “us” refers to Conscious Care;
(g) “Website” means the website owned and operated by Conscious Care being the website at www.lizatherton.com
(h) “you” refers to the Customer or proposed Customer of Conscious Care.
2.2 In these Terms:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and the gender includes all genders; and
(c) “including” and similar expressions are not words of limitations.
3. Terms of Purchase
3.1 Conscious Care will provide the Products and Services through the Website.
3.2 Conscious Care reserves the right to withdraw or amend the Products and Services advertised on the Website without notice.
3.3 By placing an order for Products or Services on the Website:
(a) you are making an offer to purchase in accordance with these Terms; and
(b) you represent and warrant to us that all details you provide to us upon placing an order are complete and accurate.
3.4 When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
3.5 Pricing and availability
(a) The price payable for our Products and Services is the price displayed on the Website at the time you place your order unless clause 3.5(b) below applies.
(b) If there is an error with the details or price of any Products or Services you have offered to purchase from us, we will inform you as soon as possible and give you the option of reconfirming or cancelling your order. If we are unable to contact you within 7 days we will cancel your order. If you cancel your order you will receive a full refund for it.
(c) Delivery costs (if applicable) will be charged in addition to the price; such additional charges are clearly displayed on the Website where applicable and are included in the total cost of your order (Total Cost).
(d) The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
3.6 Upfront payment is required for the Products. You will not be able to access our Products until Conscious Care has received payment for the Total Cost. Products are available for immediate download once the Total Cost has been paid.
3.7 Upfront payment is required for the Services. We will not provide the Services until we have received payment for the Total Cost.
3.8 The delivery time for Services may vary according to demand but will be a reasonable time. We do not give any guarantees or representations to deliver the Services within a specific time period unless you have informed us in writing of your required delivery time frame and we have agreed to it in writing.
4. Website access rules
4.1 You must be 18 years of age or older to use the Website or place an order.
4.2 You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles and any other content or materials (User Content) that you submit, post or display on or via the Website.
4.3 You are responsible for all activity that occurs through your account and you agree that you will not sell, transfer, or license your account or any account rights. You represent that all information you provide to Conscious Care upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4.4 You must not use the Website for any illegal or unauthorised purpose. You agree to comply with all laws, rules, and regulations applicable to your use of the Website and your User Content, including but not limited to, copyright laws.
4.5 You must not change, modify, adapt or alter the Website or change, modify or alter another website so as to falsely imply that it is associated with the Website or Conscious Care.
4.6 You must not interfere or disrupt the Website or servers or networks connected to the Website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
4.7 You must no attempt to restrict another user from using or enjoying the Website and you must not encourage or facilitate violations of these Terms.
4.8 You understand and agree that Conscious Care cannot and will not be responsible for the User Content posted on the Website and you use the Website at your own risk.
4.9 Conscious Care:
(a) will not be liable if for any reason the Website is unavailable at any time or for any period; and
(b) may restrict access to some parts or to all of the Website.
5. Linking to the Website
5.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
5.2 You must not establish a link from any website that is not owned by you.
5.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
6. intellectual property in content
6.1 All title, ownership rights and intellectual property rights, including copyright in relation to the content of the Website, Products and Services, including but not limited to trade marks, data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links and any other content or materials, whether registered/protected or not (Content) is owned or used under licence by Conscious Care.
6.2 The Content on the Website and in any Products and Services that you purchase is for your personal use only. You may store, print and display the Content solely for your own personal use.
6.3 You are not permitted to modify, translate, reverse engineer, decompile, disassemble, create derivative works, rewrite, manipulate, copy, publish, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on the Website nor may you use any such Content in connection with any business or commercial enterprise.
7. LImitation of liability and indemnity
7.1 To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies and liabilities in relation to the Website, Products and Services.
7.2 We exclude all responsibility and liability arising from or in connection with your use of the Website, Products and Services, including without limitation:
(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary losses; and
(b) any other losses.
7.3 Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law.
7.4 You indemnify Conscious Care and each of its directors, other officers, employees and agent against any losses, including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses arising out of or in any way in relation to your access to and use of the Website, Products and Services, User Content, or any breach of these Terms.
8. Refund policy
8.1 Our Refund Policy is available on the Conscious Care Publishing Website and forms part of these Terms. Our Refund Policy provides information on your statutory rights under the Australian Consumer Law and Conscious Care Publishing’s satisfaction guarantee and refund procedure.
8.2 Conscious Care's Refund Policy can be found at: https://lizatherton.com/refund-policy/
9.3 You represent and warrant to us that the personal information you provide is complete and accurate.
10. TERMINATION AND legal disputes
10.1 Any violation by you of these Terms may, in Conscious Care’s sole discretion, result in immediate termination of your Website account and immediate termination of any contract between us. You will be liable to pay for any portion of the Services that we have already provided to you.
10.2 If a dispute arises between you and Conscious Care, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
11. MODIFICATIONS TO THESE TERMS
11.1 We may change these Terms, from time to time, without providing notice to you, by posting an updated version of the Terms on our website. You should regularly check these Terms for any amendments. If these Terms are amended, you must comply with the updated Terms. If you do not agree to the updated Terms, you must immediately cease using the Service.
(a) These Terms are governed by the laws of Western Australia. You submit to the exclusive jurisdiction of the courts of Western Australia.
(b) These Terms constitute the entire understanding and agreement between you and us and supersede all prior understandings and agreements of the parties.
(c) No rule of construction applies to our disadvantage because we were responsible for preparing, or seek to rely on, these Terms or any part of them.
(d) Your use of our Website does not create or constitute any relationship with us, other than that of a user of our Website. You must not do anything which would create a false impression that you have any other relationship with us (including by using our trademarks, service marks, trade dress, proprietary logos, or indicia).
(e) If any part of these Terms becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to have full force and effect.
(f) In our sole discretion, we may assign or transfer our rights and obligations under these Terms to another entity.
(g) We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy.