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Uniquely Human Partnership

 

Website Terms and Conditions

  1. About the Website
    1. Welcome to uniquelyhuman.com.au (Website). The Website provides you with an opportunity to browse and purchase a variety of online courses (Course/s) that have been listed for sale through the Website (Products). The Website additionally offers you the opportunity to browse Uniquely Human Partnership’s services, blog and online resources. The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
    2. The Website is operated by Sarah Little t/as Uniquely Human Partnership (abn: 58709183786) (Uniquely Human Partnership). Access to and use of the Website, or any of its associated Products or services, is provided by Uniquely Human Partnership. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
    3. Uniquely Human Partnership reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Uniquely Human Partnership updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

  2. Acceptance of the Terms
    1. You accept the Terms by remaining on the Website.

  3. Purchase of Course and Refund Policy
    1. In using the Purchase Services to purchase the Course through the Website, you will agree to the payment of the purchase price listed on the Website for the Course (Purchase Price).
    2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
    3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
    4. Following payment of the Purchase Price being confirmed by Uniquely Human Partnership, you will be issued with a receipt to confirm that the payment has been received and Uniquely Human Partnership may record your purchase details for future use.
    5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
    6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
    7. Uniquely Human Partnership does not provide refunds for Courses. Please keep this in mind when making a purchase.

  4. Delivery of Course and Licence Information
    1. Each Course purchase grants to you access to the Course through Kajabi, or other platforms used from time to time (Member Portal).
    2. When you purchase a Course through the Website, Uniquely Human Partnership grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
    3. The Licence is valid for the Course term outlined in the Course information page of the relevant Course (Licence Term). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire and You will no longer be able to access the Course.
    4. The Courses are intended for use in a single household within the licence Term only. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Course materials, digital resources, and access to any other aspect of the Course.

  5.  Course Refunds
    1. You must notify Uniquely Human Partnership of an intention to cancel your involvement in the Course as soon as practicable through e-mail to [email protected] and abide by the following (Cancellation Policy).
    2. The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Fees are non-refundable.
    3. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Uniquely Human Partnership reserves the right to immediately collect all outstanding amounts of the Fees without notice by charging your method of payment, and your access to the Course will be revoked.

  6.  Warranty for the Course
    1. Uniquely Human Partnership will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Uniquely Human Partnership makes no warranty that the Course will meet your requirements or that all clients will achieve the same results.
    2. The Course comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Course, you are entitled to cancel your contract with Uniquely Human Partnership, and are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

  7.  Course Disclaimer
    1. You are solely responsible for creating and implementing Your own business, career, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Course and interactions with Uniquely Human Partnership. As such, You agree that Uniquely Human Partnership is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Course provided by Uniquely Human Partnership.

  8. Copyright and Intellectual Property
    1. The Website, the Purchase Services and all of the related Products of Uniquely Human Partnership are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by Uniquely Human Partnership or its contributors.
    2. Uniquely Human Partnership retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
      1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Uniquely Human Partnership; or
      2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
      3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
    3. You may not, without the prior written permission of Uniquely Human Partnership and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
    4. You agree that any works, documentation, materials, Course content, creative works or information of whatever nature produced or developed by Uniquely Human Partnership or under Uniquely Human Partnership ' direction pursuant to or in the course of providing the Course will remain the sole and complete property of Uniquely Human Partnership, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information). There is no assignment of Intellectual Property Rights by Uniquely Human Partnership to you pursuant to these Terms. Nothing in this Agreement affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.

  9. Privacy
    1. Uniquely Human Partnership takes your privacy seriously and any information provided through your use of the Purchase Services are subject to Uniquely Human Partnership’s Privacy Policy which is available on the Website.

  10. General Disclaimer
    1. You acknowledge that Uniquely Human Partnership does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than those provided for pursuant to these Terms.
    2. Product descriptions posted on Uniquely Human Partnership’s Product pages are used as an indication of the services rather than an actual representation.  Uniquely Human Partnership accepts no responsibility for inaccurate information supplied to it.
      1. The Website may contain technical inaccuracies or typographical errors or omissions.  Uniquely Human Partnership is not responsible for typographical, pricing, product information or advertising.
      2. Advertised prices and availability are subject to change without notice.  Uniquely Human Partnership reserves the right to make changes, corrections and/or improvements to the Website, and to the products and services described in such information, at any time without notice.
    3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    4. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
      2. Uniquely Human Partnership will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    5. Use of the Website, the Purchase Services, and any of the products of Uniquely Human Partnership is at your own risk. Everything on the Website, the Purchase Services, and the Products of Uniquely Human Partnership, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Uniquely Human Partnership make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Uniquely Human Partnership) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
      4. the Content or operation in respect to links which are provided for the User's convenience;
      5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
      6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

  11.  Information Disclaimer
    1. Any information, advice, content or documentation provided through the Course, including in any associated blog, article or podcast, on the Website or on any other related platform do not constitute psychological, career, professional, business or other advice, and are provided for general information and guidance purposes only.
    2. All care is taken in the preparation of the information and published materials in any associated blog article or podcast, on the Website or on any other related platform. Uniquely Human Partnership does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
    3. To the extent permissible by law, Uniquely Human Partnership will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or Your reliance on the information, advice or documentation in any associated blog article or podcast, on the Website or on any other related platform.

  12. User Generated Content
    1. If you choose to contribute any content to the Website or any other platform operated by Uniquely Human Partnership, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
    2. By contributing content to the Website, you grant Uniquely Human Partnership a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Uniquely Human Partnership.
    3. Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Uniquely Human Partnership can use that information with your Your Content for advertising and promotional purposes, or any other business purpose.
    4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Uniquely Human Partnership social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Uniquely Human Partnership. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
    5. Please ensure you keep your own copies of Your Content as Uniquely Human Partnership may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
    6. Uniquely Human Partnership will endeavour to provide you with an appropriate credit when using Your Content on Uniquely Human Partnership platforms, though you understand and agree this may not always be possible.
    7. Uniquely Human Partnership reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

  13.  Mailing List Registration
    1. You will be given the option to register for Uniquely Human Partnership Mailing List (Mailing List).
    2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
      • Email address
      • Name
    3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Uniquely Human Partnership.

  14. Limitation of Liability
    1. Uniquely Human Partnership's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Uniquely Human Partnership is the resupply of information or Purchase Services to you.
    2. You expressly understand and agree that Uniquely Human Partnership, its affiliates, employees, agents, contributors, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. Uniquely Human Partnership is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Uniquely Human Partnership, by third parties or by any of the Purchase Services offered by Uniquely Human Partnership.

  15. Indemnity
    1. You agree to indemnify Uniquely Human Partnership its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
      3. any breach of the Terms.

  16. Venue and Jurisdiction
    1. If a dispute arises out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

  17. Governing Law
    1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created within will be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties and their successors and assigns.

  18. Independent Legal Advice
    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  19. Severance
    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.
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