These Terms and Conditions govern the supply of any Products or Services ordered by You from Us. By Ordering a Product or Service (either via this Site or via any other means) You agree to be legally bound by these Terms.
The following Terms have the corresponding meaning:
Order or Ordering means an Order for the purchase of Our Products or Services, whether such Order is placed via Our Site or any other means (including via Purchase Order);
Product or Products means any Product sold by Us via Our Site or by any other means and includes Subscription Products;
Service, Services or Consulting Services means consulting, coaching, training or other Services provided by Us from time to time, and includes Consulting or coaching Services sold via Subscription;
We, Us, Our means N.L CAMPBELL & S.J CAMPBELL t/as “Autism Storyworld” or “Spectrum Parent Coaching” ABN 63 171 277 135;
You, Your or Yours means the person accessing Our Site or who orders Our Products or Services.
(a) By Ordering Our Products or Services You:
Please read the Terms carefully and immediately cease using Our Site (and do not Order Products/Services) if You do not agree to them.
(b) You must not create an Account (Account) and/or place an Order for Products or Services unless You are at least 13 years old. If You are a parent or legal guardian permitting a person who is at least 13 years old but under 18 years old (a Minor) to create an Account and/or use Our Site, You agree to: (i) supervise the Minor’s use of Our Site and their Account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of Our Site and their Account; (iii) ensure that the content on Our Site is suitable for the Minor; (iv) ensure all information submitted to Us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
(b) When You create an Account, We will give You certain Account details (such as a Username and Password). It is Your responsibility to keep Your Account details confidential. You are liable for all activity on Your Account, including purchases made using Your Account details.
(b) We may disclose that information to third party service providers who help Us deliver Our Products and Services (including information technology service providers, data storage, webhosting and server providers, professional advisors, payment systems operators and Our business partners) or as required by law. If You do not provide this information, We may not be able to provide Our Products and Services to You. In certain circumstances, We may disclose Your personal information to third parties located, or who store data, outside Australia.
You acknowledge and agree that:
(b) You may Order Our Products or Services from Us via Our Site, or via any other distribution channel (e.g. in person via purchase order).
(c) Any Order placed with Us is an offer by You to Purchase a particular Product or Service for the price notified at the time You place Your Order.
(d) Each Order that We accept results in a separate binding Agreement between You and Us for the supply of Products or Services in accordance with the Terms.
(a) Our Consulting Services are delivered via teleconference or webinar in English during AEST at times agreed. You expressly acknowledge Consulting Services will not be provided in person or via any other method, unless We agree with You in writing.
(b) From time to time We may offer group seminars, in which case, additional Terms and Conditions may apply.
(c) If You need to rebook or reschedule any Services, please follow Our rebooking or rescheduling policy on Our Site available at: https://autismstoryworld.com/pages/cancel-refund-policy
(d) We reserve the right to refuse any request for Services that is, in Our sole discretion, inappropriate.
(e) In order for Us to provide Our Services, You must provide Us with all materials and information We reasonably request within the timeframe requested.
(f) You are entitled to be treated with respect and in a professional manner and We are in turn, due the same respect. Accordingly, You must at all times, act appropriately and not be threatening, abusive, harmful, malicious, defamatory, obscene, profane, or otherwise objectionable or inappropriate.
(g) You acknowledge and agree You are solely responsible for ensuring that You have a reliable telephone and/or internet connection. To the extent permitted by law, We will not be liable to You for any loss incurred by You as a result of Your failure to meet obligations contained in this provision.
(a) You must pay Us the purchase price of each Product You Order, or fee for Our Services (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
(b) For all Subscriptions, You acknowledge that You may pay a lump sum payment up front for a specific time period (Pre-Paid Subscription) or You may subscribe and pay a recurring periodic payment, as set out on Our Site or on the Order/Invoice Form. You acknowledge and agree that if You sign up for a Subscription involving a recurring payment, Your credit card or the payment method You have chosen will be automatically charged unless You write to Us at least 15 days before the next payment date that You wish to cancel your Subscription.
(c) For the Services We provide, You agree that You must pay the Price specified on Our Site or on the Order/Invoice Form upfront before Services are provided, unless We agree otherwise.
(d) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.
We may from time to time issue promotional discount codes for certain Products, or for certain Services. To claim the discount, You must enter the promotional discount code at the time of submitting Your Order through Our Site. In the event You wish to place an Order via any other means, please claim the discount with Us in person/via email at the time of Order. The Conditions of Use relating to promotional discount codes will be specified on Our Site at the time they are issued. Discounts are valid at the time of Order only and are not claimable after payment is received.
(a) Despite anything to the contrary, to the maximum extent permitted by law:
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, We will have no liability, and You release and discharge Us from all liability, arising from or in connection with any:
where caused or contributed to by any:
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Products and Services.(c) Nothing in the Terms attempts to modify or exclude the Conditions, Warranties and undertakings, and other legal rights, under the Australian Consumer Law. Our Goods and Services come with Guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled:
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a Service does not amount to a major failure, You are entitled to have the failure rectified in a reasonable time. If this is not done You are entitled to a refund for the goods and to cancel the contract for the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or Service. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(a) All intellectual property (including copyright) developed, adapted, modified or created by Us or Our personnel (including in connection with the Terms and the Products) will at all times vest, or remain vested, in Us. For the avoidance of doubt, intellectual property in the content on Our Site and/or Our Services, and the ebooks and learning materials We make available to You through Our Site and/or via Our Services, remains with Us.
(b) You must not, without Our prior written consent:
(c) If You purchase a Product from Us, then We grant You a non-exclusive, non-transferable, revocable, limited licence to download to Your device and/or access online Our content, ebooks and learning materials, solely for Your personal use and not for any commercial purpose.
(a) We may immediately suspend, terminate or limit Your access to and use of Our Site and (where applicable) Your Account if You breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of Us notifying You of the breach, or any request for Services is inappropriate.
(b) You may stop using Our Site at any time for any reason.
(c) We may stop making Our Site (or any part of it) available without prior notice. If We do this, any Order that We have accepted will not be affected, subject to the Terms.
(d) No refunds are available on cancellation of Your Account except in accordance with Our refund/cancellation policy, or otherwise in accordance with Australian law.
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms and Conditions without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(c) Notices: Any notice given under these Terms and Conditions must be in writing and addressed to Us at the details set out below or to You at the details provided submitting Your Order. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.
(d) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms and Conditions does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
(e) Relationship of parties: These Terms and Conditions are not intended to create a partnership, joint venture or agency relationship between the parties.
(f) Severance: If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(g) Assignment: You must not assign any rights or obligations under these Terms and Conditions, whether in whole or in part, without Our prior written consent.
(h) Entire agreement: These Terms contain the entire understanding and agreement between You and Us in respect of their subject matter.
(i) Amendment: We may, at any time and at Our discretion, vary these Terms and Conditions by publishing varied Terms on Our Site. Prior to placing an Order, We recommend You carefully read the Terms that are in effect at that time to ensure You understand and agree to them. For any Order for Products or Services that has been accepted by Us, the Terms and Conditions that apply will be the ones that were in effect (and which You agreed to) when You placed Your Order.
(j) Governing law: These Terms and Conditions are governed by the laws of Victoria. Our Site may be accessed in Australia and overseas. We make no representation that Our Site, Products or Services comply with the laws (including intellectual property laws) of any country outside of Australia. If You access Our Site or purchase Our Products or Services from outside Australia, You do so at Your own risk and are responsible for complying with the laws applicable in the place You access Our Site.
N.L CAMPBELL & S.J CAMPBELL t/as “Autism Storyworld” or “Spectrum Parent Coaching” ABN 63 171 277 135
Last update: 18 October 2019
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