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TERMS AND CONDITIONS.

T&Cs of Use of FINDHER
ABN 21931463243
19 September 2020

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and FINDHER and/or Karley Beadman MMktg, AMAMI CPM (“Company”, "Brand", 'me', “we”, “us”, “our”). 

 

It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of FINDHER or Karley Beadman products, including digital product downloads and online course programs.

We may modify these Terms and Conditions at any time without prior notice. Your access to and use of the Website and all digital products and course program content constitutes your acceptance of these Terms and Conditions.

1/DEFINITIONS & INTERPRETATIONS.

 

DEFINITIONS.

 

Consumer Law means the Competition and Consumer Act 2010 (Cth) and any applicable regulations, as amended from time to time.

 

Claims means any claims, causes of action, losses, damages, liabilities, costs and/or expenses, including legal fees and expenses.

 

Commencement Date means the date upon which the course programs commence.

 

Intellectual Property means all course content including but not limited to videos, voice-overs, audio, copywriting, systems, processes, procedures, work-flow, formulas, layouts, colour scheme, know-how, concepts, ideas, knowledge, discoveries, graphs, infographics, gifs, animations, trade secrets, secrets, data, databases, customer relationship management data, work products, branding, branding elements including logo, brand name, business name, domain names, all other associated URLs including all content and engagement including user-generated content on social media and forum sites.

 

Intellectual Property Rights means all present and future rights to Intellectual Property (as defined in these Terms and Conditions) and all other rights to intellectual property as defined under Article 2 of the convention establishing the World Intellectual Property Organisation, and all rights to enforce any of the foregoing rights.

Property means intellectual property.

 

Payment Plan means upfront monthly payment charged 30 days apart for 4 payment cycles (confirm this when I work out the pricing)

Full Payment means upfront charge at the full cost of the program

 

Program/s means all digital products and online course programs on offer for sale by FINDHER.

 

Online Course/s means all digital products and programs on offer for sale by FINDHER.

Website Content means all digital products and online course programs on offer for sale by FINDHER.

Modules means the set of video lessons contained within the Online Course/s.

Video Lesson means a video contained within a Module.

 

Website means the following websites with the URLs: www.findher.com.au and www.findher.company and any other URLs that contain the name FINDHER.

 

INTERPRETATION.

Headings and underlinings are for convenience only and do not affect the construction of these Terms and Conditions.

A provision of these Terms and Conditions will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.

Currency refers to US dollars, unless otherwise clearly stated. 

A reference to a statute or regulation includes amendments thereto.

A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms and Conditions.

A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.

The opening paragraph at the top of these Terms and Conditions forms part of the binding terms and conditions of these Terms and Conditions.

A reference to singular includes the plural and vice versa.

A reference to time is Australian Eastern Standard time (AEST).

A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.

The words “includes”, “including” and similar expressions are not words of limitation.

2/REGISTRATION, ACCESS AND ENROLMENT TO ONLINE COURSES.

 

2.1.  To register, access and enrol in the Online Course Program/s on the Website, you must provide your name, residential address, phone number, email address, and financial details.

 

2.2.  The Company reserves the right to decline or refuse enrolment at its sole discretion.

2.3.  We reserve the right to terminate your registration and access to the Online Course Program/s without notice, for any reason, if you have breached or if it is found that you intend to breach any of these Terms and Conditions.

3/CONFIDENTIALITY.

 

3.1.  When accessing the Program, usernames and passwords shall be issued for personal use ONLY.

3.2.  You have the sole responsibility for protecting the confidentiality of your username and password.

 

3.3.  You are not permitted to share your username or password with any third party at any time.

 

3.4.  You are not permitted to share any of the videos or visuals, audio, digital downloads and/or any other content contained within the Online Course or part thereof with any third parties. However, you are permitted to share 10% only of one video lesson for the purpose of providing online reviews the Program/s where a backlink to 

3.6.  Use of your username and/or password by any other person and/or sharing of any content with third parties will result in the immediate termination to access the Online Course. 

 

3.7.  If you are in breach of any of the Terms and Conditions, we reserved the right to retain payments from you made to FINDHER and/or Payment Plans will continue and will not be refunded. Further, you will be charged the Full Payment for every person who accesses the Program using your password and this payment will be due within one business day and we reserve the right to withdraw the funds from your financial institution if the Payment is not paid within one business day of FINDHER cancelling your access to the Program.

 

4/YOUR DATA AND YOUR HARDWARE & TECHNOLOGY.

 

4.1.  All personal information you provide to FINDHER when enrolling to access the Program/s is held within our Website and our Customer Relationship Management (CRM) software database and will not be shared with third parties.

 

4.3.   By registering for the Website, you warrant that you have the necessary technology and hardware, including either a smartphone or a computer that has access to the Internet and access to speakers so you can hear any audio.

4.4.   The Company is not responsible for assisting you in accessing the content of the Website although guided help will be given once if requested by you after enrolling in the online courses.

4.5.  The Company is committed to protecting your privacy and will not sell or unlawfully disclose your personal information to third parties.

 

4.6.  If you have any queries relating to the protection of your privacy and/or the collection, use or disclosure of your personal information, please contact the Company via the Contact page of the Website or by directly emailing Karley Beadman at karlyey@finder.com.au with the subject 'My data'.

 

5/ACCESS TO WEBSITE CONTENT.

 

5.1.  To access the Online Course Program/s and/or to use certain features of the Website, you will need a username and password, which you will receive, via email, during the registration and payment process.

 

5.2.  You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account.

 

5.3. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

5.4.  You will access the Online Course Program on the URL provided to you upon registration and payment.

 

5.5.  You will have access to the Program Modules as they are released at the Company's discretion, using your password. 

5.6.  The Company reserves the right to alter the timings of the release of the Modules and the Company also reserves the right to edit, delete or modify in anyway the contents contained within the Online Course Program.

 

5.6.  Your access to the Website Content will be ongoing unless cancelled by the Company and you will be able to access any updates to the program. The Company has no obligation to notify you of any edits, modification and/or of the expiration of Website Content.

 

5.7.   The Company does not guarantee your ability to access the Website and will not be responsible for any delay in or failure of the transmission of information sent through the Website.

6/PAYMENT/S.

 

6.1.  All prices are in US dollars unless otherwise stated. 

 

6.2.  Prices are subject to change at any time.

 

6.3.  Any fees and charges incurred as a result of foreign currency transfers in order to make payments are at your own expense. The Company will not be liable or offer a reduction in the fees as a result of charges you incur. 

7/INTELLECTUAL PROPERTY.

 

By visiting the Website or any URLs associated with FINDHER, you acknowledge and agree that:

7.1.  The Website is the Intellectual Property of the Company and is protected by the Copyright Act 1976 (Cth) and other applicable Intellectual Property laws, including the Berne Convention. The Company retains all Intellectual Property Rights to the Online Course Program and all other content on any associated or linked URLs.

 

7.2.  The Website Content is owned by the Company and is intended for your personal, non-commercial use only.

 

7.3.  All Property must not be distributed by anyone except FINDHER and our employees and/or contractors and/or Karley Beadman unless explicitly authorised in writing by Karley Beadman.

 

7.4.   You are not permitted to alter, modify, copy, republish, reproduce, transmit, post, rent, lease, sell, distribute, commercially exploit or create any derivative works by FINDHER. You may, however, download and/or print one copy of individual pages of the Website for your personal, non-commercial use to assist you in your learnings, provided that you keep intact all copyright and other proprietary or intellectual property content.

 

6.3.  The Company reserves the right the change any part of the Program Content without notice.

6.4.  The Company further reserves the right to add, remove or amend content on the Website without notice.

8/TERMINATION.

 

8.1.  The Company reserves the right to terminate your access to the Website at any time in the event that: you are in default of any payment obligation, including your payments not being able to be processed through our online payment gateway; you sell or redistribute the Website content to any other person; you provide access to the Website content by providing your login details to another person without the Company’s knowledge and express permission; you fail to remedy a breach of any non-payment related obligation within 1 business day of having been given written notice to remedy the breach by the Company; you become unable to pay your debts to the Company when they fall due; you commit an act of bankruptcy or, being a company, enter into liquidation or provisional liquidation whether compulsory or voluntary or compounds with its creditors generally or has a receiver or receiver-manager or administrator appointed over all or part of its assets or passes a resolution for winding-up or a petition is presented for its winding-up.

8.2.  In the event of a default as listed in clause 8.1, the Company may, without prejudice to any other rights or remedies available to it under these Terms and Conditions or otherwise, by notice in writing to you: suspend access to the Website and require full or partial payment in advance for the remainder owing (in the sole discretion of the Company) before access is granted again; retain monies paid by you; claim immediate payment of all monies due by you in respect of the Program which will then be immediately due and payable notwithstanding the due date or dates for payment; terminate this Agreement, and/or continue to enforce its rights (including taking court action) and recover from you such payments and any other amounts owing including legal costs as and when they fall due.

 

9/DISCLAIMERS.

 

9.1.  Whilst the Company has made every effort to ensure the accuracy of the information on the Website, and any Q&A calls, FAQ or social media content including Livestreams, Zoom or any other form of communication, the information and content is subject to change without notice.

9.2.  The Company does not provide any representation or warranty that the content or information is accurate, complete or up to date, however, the Company endeavours to provide you with a learning experience.

9.3.  The Company will not be held liable for any errors in the content or material displayed on the Website, for any actions you take in reliance on them, or for any loss or damage that may arise directly or indirectly from the Website and/or Website Content.

9.4.  The Website and/or Website Content, coaching, mentoring either directly or indirectly do provide legal, tax and/or financial advice, however, you are solely responsible for determining whether any strategy, advice or process is appropriate for you based on your personal education and financial circumstances and objectives.  If is your responsibility to obtain independent legal, tax and financial advice regarding your specific situation before acting on any advice from the Company. If any information or advice that may constitute financial advice is given in the Program, such advice is not authorised or endorsed by the Company.

 

9.5.  The Company does not guarantee you will earn any future income as a result of your registering for the Website.  The strategies and examples promoted and taught by the Company are generalised well-researched examples and guidance of best business and marketing practices and target no particular person, community, business, circumstance, products, service or brand, personal or otherwise.  Any income earning potential will be based on your skill level, your application and dedication to your self-improvement and to the course learnings and the particular business or product or service you are marketing.

9.6.  The Website is continually under development and the Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. You acknowledge and agree that no representation has been made by the Company or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in the Online Course Programs.

9.7.  Content on the Website and the Program is for general information purposes only and is current at the time of first publication.  You are responsible for determining the validity, quality and relevance of any information, material or service before acting or relying on it to ensure that it meets your particular requirements.

9.8.  The Website may feature third-party advertising or content and affiliate links to products and services.  The Company does not control the content or accuracy of the information on third-party advertising or content or information on affiliate websites.  The Company does not in any way guarantee or provide insurance for the advertiser and/or affiliates and/or their products or services. Links are provided for your reference only and the Company excludes all liability and responsibility for the content or operation of these third party websites.

9.9.  The Website may feature third party presentations or knowledge from third party sources.  The Company does not control the content or accuracy of the information in such presentations.  The Company does not in any way represent that the third party presenter or source and their products or services are endorsed or recommended by the Company.  Presentations are provided for your reference only and the Company excludes all liability and responsibility for the content or operation of these third party websites.

 

10/LIMITATION OF LIABILITY.

 

10.1.  Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

10.2.  You specifically acknowledge and agree that the Company is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Website, materials, products, services, or with any of these Terms and Conditions, your sole and exclusive remedy as against the Company is to discontinue using the Website.

10.3.  The Company, its subsidiaries, employees, contractors and/or affiliates shall not be liable for any direct, indirect, incidental, special or consequential damage or loss (including liability for loss of profits, loss of business opportunity, loss of savings, loss of bargain or loss of data) that result from the use of, or inability to use the Website, the Program and including all of its materials, products or services, or third party materials, products or services, made available through the Website even if the Company is advised beforehand of such damage or loss. In any event, the Company’s liability under these terms and Conditions (if any) is limited to the total amount paid by you to the Company.

 

10.4.  All terms, conditions and warranties that are implied by statute as excludable are excluded from these Terms and Conditions.  Such terms, conditions and warranties implied by statute (or categories of damages) that are not excludable (including any non-excludable guarantees pursuant to the Australian Consumer Law, if applicable) are not excluded from these Terms and Conditions however the Company’s liability for such terms, conditions and warranties implied by statute (or categories of damage) that are not excluded is limited to the total amount paid by you to the Company, under these Terms and Conditions.

 

11/INDEMNITY.

 

You agree at all times to defend, indemnify and hold harmless the Company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, employees, contractors of each from and against any and all claims arising out of or related to your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions, your use of the Website or any of your conduct, except where the Claims are directly and solely attributable to the gross negligence or wilful default of the Company or any of its duly authorised employees or agents.

 

12/INTERACTIVE FEATURES.

 

12.1.  Responsibility for what is posted on the Website and/or on social media and live stream chats and other public posting areas or sent via any email services or private messaging, lies with each user – you alone are responsible for the material you post or send, verbally and electronically. We do not control the messages, information or files that you or others may provide through such communication channels.

 

12.2. It is a material condition of your use of the Website that you do not:

- Gain unauthorised access to the Website, or any account, computer system, or network connected to the Website, by means such as hacking, password mining or other illicit means;

- Interfere with or disrupt any servers or networks used to provide the Website or its features or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;

- Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;

- Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights of that is protected by copyright, trademark or other proprietary or intellectual property rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

- Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.

- Purchase, download or copy any products or services from the Website and use to pirate the said content, products or services.

13/REFUND POLICY.

 

13.1.  All sales are final due to the nature of downloadable files and your irrevocable access to them once they’ve been delivered. Therefore the Company does not provide refunds if you change your mind or if you're unable to, for whatever reason, access and/or complete the Program. It is your sole responsibility to decide whether or not you ready, able and committed to learning from the Online Course Program. 

 

13.2.  We do not tolerate any type of chargeback, threat or actual chargeback from your credit card company, Paypal or bank or other financial institution.

 

14/DISPUTE RESOLUTION.

 

14.1.  If there is a dispute in relation to any aspect of the Website either party may notify the other in writing of the dispute.

14.2.  Following any such notification, there will be a period of 28 days during which both parties must participate in good faith in any negotiations or discussions regarding the dispute.

14.3.  If the dispute has not been resolved by the end of this 28-day period, the Company may require that the dispute be submitted to mediation in accordance with, and subject to, the Institute of Arbitrators & Mediators Australia and its applicable rules.

14.4.  Neither party will commence court proceedings or other similar actions relating to a dispute unless it has complied with the procedure set out in this clause.

 

15/GOVERNING LAW.

 

These Terms and Conditions are governed by the laws of the state of Queensland, Australia and where applicable, those of the Commonwealth of Australia.  Any provision of, or the application of any provision of, these Terms and Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

 

16/ENTIRE AGREEMENT.

 

This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.