ONLINE PURCHASE AGREEMENT
TERMS AND CONDITIONS
This website www.vanessahummel.com is provided by Vanessa Hummel (ABN 20 216 616 017).
On this website We provide online educational courses including access to online forums.
Your access to and use of Our Website and Services, including your Orders through Our Website, are governed by this Agreement.
If you have any questions regarding the contents of this Agreement, we invite you to contact Us in writing at [email protected]
Confidential Information means any confidential information that relates to Your access including but not limited to passwords and personal information.
Course Materials means all educational programs, educational materials or information in any form which is accessed and/or downloaded by You from Our Website for use of Our Services.
Fees means the amounts You are required to pay Us for the Services.
Order means an order for Our Services.
Services means six (6) months access to the Conquer Constipation Course online program portal.
Tax Invoice means an invoice we will issue to You for payment of the Fees.
Use means the use of Our Services.
User means a user of Our Services.
Us, Our and We means Vanessa Hummel (ABN 20 216 616 017).
Website means website www.vanessahummel.com.
You or Your means You the customer, your employees, agents, representatives, contractors and nominees and includes Users.
Your Account means an individual user account created to enable You to access Our Services.
Unless expressed to the contrary:
(a) Words importing the singular include the plural and vice versa;
(b) If a word or phrase is defined, cognate words and phrases have the same meaning;
(c) A reference to:
(i) a person includes its legal representatives, successors and assigns; and
(ii) a clause is a reference to a clause of the terms and conditions to this Agreement.
A binding Agreement between You and Us arises when
(a) We accept in writing an Order from You for Our Services; and
(b) You pay to Us the Fees in accordance with these Terms and Conditions.
You may not purchase anything through Our website for the purpose of resale. You must not in any form or by any means commercialise any part of Our Services or Course Materials without our prior written permission to do so.
(a) We will charge You, and You agree to pay the Fees for Our Services.
(b) All Fees on Our Website are in Australian dollars (AU$).
(c) Our Fees are shown on Our Website at the time You place Your Order and We reserve the right to alter Our Fees for any reason and at any time before you place Your Order.
(d) Whilst we try and ensure that all details, descriptions, and fees which appear on Our website are accurate, errors may occur.
METHOD OF PAYMENT
You may pay the Fees for an accepted Order by any of the following payment methods and such other payment methods as specified on the Website from time to time:
(c) American Express;
(d) Diners Club;
(e) Debit cards displaying a Visa or Mastercard logo.
By submitting an Order for Our Services via Our Website you agree that you are authorised and able to make payment via the method you have chosen.
Upon receiving Your Order, we may carry out a standard authorisation check on Your payment to ensure there are sufficient funds to fulfil the transaction. We may ask You to provide additional details or require You to confirm your details to enable Us to process any Orders placed through Our Website.
If we are unable to successfully process your nominated payment method for an Order that has been accepted by Us, then we may cancel Your order.
If you choose to pay by any of the above methods of payment, you authorise Us to debit the amount that is payable from your account linked to the nominated payment method for an accepted Order.
You must not pay, or attempt to pay, for Our Services through any fraudulent or unlawful means.
We will provide you with a Tax Invoice at the time of Order which specifies the total Fees for the Services listed in the Order.
Please choose carefully.
We will not refund any Fees paid by You or credit You with any amount:
(a) Where, after the creation of this Agreement, You change Your mind or no longer need or require Our Services;
(b) For the value of any unused part of Our Services;
(c) Where You elect to close Your Account; or
(d) If We are required to suspend or cancel Your Account because of Your misuse or contravention of this Agreement.
(b) You agree that You will not disclose to any person Your account details, login details passwords or any other confidential information.
(c) You agree that Our Services are intended to be used by You solely for the purpose of using Our Services. You agree that you will not use our Services for any purposes other than as permitted by this Agreement or any applicable laws or regulations.
(d) You agree that you will not provide access to Our Services to any other unauthorised third parties.
(e) Through Your participation in Our Services including any online forums You agree that you will not post any messages which may contain any materials which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, offensive, profane, sexually orientated, threatening, invasive of a person’s privacy or in any way in breach of any applicable laws or regulations.
LIMITATION ON CLAIMS
To the fullest extent permitted by law:
(a) We exclude all liability to You or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered by or in connection with Your use of Our Services and/or Our Website.
(b) We exclude all liability (whether that liability arises under contract or tort (including negligence) for any special, indirect, or consequential loss or damage (including loss of revenue and loss of, or damage to, data) suffered or incurred in connection with Our Services and/or Our Website.
(c) We make no warranty as to the completeness or accuracy of any material on Our Website or as to its merchantability or fitness for a particular purpose.
(d) We do not support or endorse the opinions, commentary, or views of any contributing third party or supplier of information published on Our Website.
(e) We are not liable to You for any disruptions to Our Website which may impact on Your ability to access all or part of Our Services.
(f) We will not be responsible for any inability by You to access Our Services that is not directly or indirectly caused by Us.
(g) We are not liable to You or anyone else if Your use of the Services or Our Website interferes with or damages Your computer or computer system. You must take Your own precautions to ensure that whatever You select for use from Our Website is free of viruses or anything else that may interfere with or damage the operation of Your computer or its systems.
(h) We have no liability to the extent that Our performance of the Agreement is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which We are prevented from or delayed in performing any of Our obligations, is beyond Our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, pandemics, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
(i) Our liability for failure to comply with a consumer guarantee is limited to the supply of the services again or the payment of the Fees to You of having Our Services supplied again.
Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
To the extent permitted by law, any conditions or warranties which would otherwise be implied into this Agreement are excluded.
WEBSITE MATERIAL NOT ADVICE
The Course Materials and information provided on Our Website are for your information and reference and for no other purpose. The contents of Our website are not intended to be comprehensive, and do not constitute, and are not intended to be relied upon as, professional advice.
No part of Our Services or any of the information on Our Website should be construed as medical advice or used for the purposes of providing medical advice and We are not liable to You or any other party for any misuse by You of Our Services.
We provide no guarantee that You will see positive results using the techniques and materials provided by Our Services and We assume no management responsibility for Your decisions or practices that You implement based on Our Services.
While we attempt to ensure that the content of Our Website, Our Services and Course Materials remain up-to-date, We do not provide any assurances or warranties in this regard. Users of Our Website should ensure that any products, services or information available through Our Website meet their own specific needs and requirements.
Course Materials may be provided to You as part of Our Services.
The content of Our Website, Services and Course Materials including all rights, title and interest (including intellectual property rights) contained therein, vest in and remain Our property at all times. Nothing in these Terms and Conditions will constitute any licence of Our intellectual property rights.
Our Website, Services and Course Materials are protected by intellectual property rights including copyright. Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of Our Website, Services or Course Materials may in any form or by any means be reproduced or communicated in any part without Our prior written permission to do so, which We may give or withhold at our absolute discretion.
We will treat all Confidential Information You provide to Us as confidential and will only disclose any Confidential Information as required by law.
Any waiver of any provision of this Agreement will be effective only if in writing and signed by Us. Without limiting the foregoing, if You breach these Terms and Conditions and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms and Conditions.
These Terms and Conditions constitute the entire Agreement and supersede any and all preceding and contemporaneous agreements between You and Us.
CHANGES TO TERMS
We may change these Terms and Conditions and any supplementary terms and conditions on Our Website at any time without notice to You.
If there are inconsistencies between these Terms and Conditions and any supplementary terms, these terms will take precedence unless otherwise indicated.
TERMINATION OF AGREEMENT
We may, at Our sole discretion, terminate this Agreement immediately without notice to You if one of the following events occurs:
(a) You are in breach of a material term to this Agreement;
(b) You become insolvent;
(c) A receiver, administrator or other controlled (as defined by the Corporations Act 2001) or similar officer is appointed for You or over Your assets; or
(d) You enter into or resolve to enter into any arrangement with or assignment for the benefit of Your creditors or any class of them.
You agree that You will indemnify Us for all losses or claims, however arising, out of, or in connection with, any breach by You of this Agreement.
These terms of service are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.