The website https://proudlysouthafricaninperth.com/ (“the Site”) is owned or licensed to and operated by Reeva Cutting (ABN 60 458 150 400) (“we”, “us” and “our”).
- ACCEPTANCE OF THE TERMS
By accessing and using our Site, and/or using or purchasing any materials or Site Services provided by us on our Site, whether available for purchase or not, you are deemed to have accepted these Terms.
To access or use the Site or the Site Services, you must be 18 years or older and have the power and authority to enter into a contract under the Terms.
You may also accept these Terms where you click “agree”, “accept” or “buy” where such an option is made available to you during your use of the Site. When you click “accept”, “agree”, “consent” or “buy” by electronic means using a device such as a mobile phone, desktop, laptop or tablet, your agreement or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand. You will also be bound by any consent transmitted through the Site to receive electronic communications from us.
Continuing use of our Site and access to any materials available from us or the Site is deemed acceptance of any changes to these Terms.
If you are uncertain about the Terms, the Site Services or anything else on our Site, please contact us before completing any purchase.
- TERMS, SITE AND SITE SERVICES MAY CHANGE
We may change these Terms from time to time, consistent with applicable laws and industry standards, without notice to you. Any changes to the Terms will be effective from the date that we post the revised Terms on our Site. You are responsible for reviewing these terms prior to using or purchasing Site Services and periodically during your time as a visitor, customer or subscriber.
The Site Services, the Site and any prices published on the Site may change or be discontinued without notice at any time. We will not be liable to you for any change in the Terms, the Site Services or the Site.
We may discontinue the Site at any time, without notice to you and in our absolute discretion. We may refuse access to the Site to any person at any time, in our absolute discretion. We are not liable for any loss that you suffer as a result of such discontinuance or exclusion.
- REGISTERING AN ACCOUNT
To purchase and access some features of the Site and the Site Services, you may be required to register an account by providing us or our third-party service providers with accurate information including your name, your business name, address, a valid email address and telephone number.
You warrant that any information that you provide while registering an account is accurate and correct at the time you provide the information, and that you will update your details when they change.
Your account will be protected by a password that is known only to you. User names and passwords are for your use only and must not be shared with any third party.
We accept no liability for any activity that occurs in your account, including any orders for Site Services.
If we believe that you have breached these Terms, an applicable law, or that your conduct may give rise to a claim by us against you, we may suspend or cancel your account (or direct our third-party service provider to do so) at any time in our absolute discretion.
- CONDITIONS OF COMMUNITY MEMBERSHIP
On purchasing certain Site Services, you may be given access to a members’ only online community through a secure log in using an email, a password and/or an online invitation. You agree not to share your log in credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to the Site Services.
By using the online community, you submit to any rules of the online community (including that all information shared in the community remains confidential). You also consent to other community members knowing your identity and to the use of photographs of your participation in online webinars being posted on social media.
You agree not to provide false information about yourself, to impersonate another individual or to provide misleading or false information or content.
- INTELLECTUAL PROPERTY
Any intellectual property on the Site and in Site Services sold on the Site belongs to us or has been lawfully licensed to us by third parties. This includes copyrights, trademarks, proprietary information, designs, patents and other intellectual property rights, trade secrets, business information, business names, logo, designs, text, videos, audio files, graphics, presentation slides, other files and software (“Content”). Your use of the Site, including purchase of or access to any Site Services or Content, does not grant or transfer any rights, title or interest to you in relation to the Site, Site Services or the Content.
When you purchase Site Services from us, including any written, audio or video Content, we grant you a limited, revocable, non-exclusive and non-transferable licence to listen to, download or stream that Content to your device, solely for personal, non-commercial use.
You agree that you will not copy, reproduce, distribute or use the Site Services or the Content other than as set out in these Terms.
You must not modify, publish, transmit, sell, lease, participate in the transfer, sale or commercial use of, create derivative works from, distribute, display, reproduce or perform, or in any way commercially exploit in any format whatsoever any part or the whole of the Site, the Site Services or the Content, without our prior written consent (including under any services agreement that you enter into with us).
If we reasonably believe that you have commercially exploited our Site, the Site Services or the Content or otherwise breached these Terms, we will immediately remove your access to and terminate your licence to use our Site, Site Services and the Content. You will not be entitled to any refunded payments if your access is removed under this clause 6.
- PROHIBITED PURPOSES OF SITE
You must not, under any circumstances, use the Site, the Site Services or the Content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts; or
- to violate any international, Australian or state regulations or laws.
You agree that you will not:
- attempt to change, remove, deface, hack or otherwise interfere with the Site, the Site Services or any Content published on the Site;
- hack into any aspect of the Site or the Site Services, corrupt data or cause annoyance to other users of the Site or the Site Services;
- infringe upon any other person’s intellectual property or other proprietary rights;
- disclose any information to which you gain access as a result of the Site Services that is by its nature confidential;
- send any unsolicited advertising or promotional material (spam) to us or to other users with whom you come into contact on the Site, in any online community operated by us or otherwise via the Site Services; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through the Site.
- The information and materials in the Content provided in the course of our Site Services is for information purposes only.
- We accept no liability for reliance on the Site Services as business, financial or legal advice. You warrant that you have not relied on any representations by us as to your eligibility for a visa or other permit to enter Australia, financial benefits, future income, success or potential revenue or loss of any kind that may be derived as a result of your use of the Site Services.
- You agree that you will undertake your own due diligence and seek professional advice before applying any learnings from the Site Services, considering your own personal circumstances or the specific circumstances of your business.
- We do not guarantee that your participation in the Site Services will ensure or improve the prospect of success of any application for a visa or other permit to enter Australia or any other nation. Results and outcomes may vary from person to person and we accept no responsibility for your expectation of a particular outcome in reliance on any advertising or client testimonials that appear on our Site or elsewhere.
- You indemnify and release us, our affiliates, officers, employees and agents from any loss, liability, claim or demand (including legal fees) incurred or made by you or any third party in connection with your use of the Site or the Site Services.
- To the maximum extent permitted by law, including the Australian Consumer Law, neither we nor any of our affiliates, officers, employees or agents is liable for any direct or indirect losses, liabilities, claims, actions, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims by third parties or any other losses arising from or in connection with your use of our Site and the Site Services, your inability to access our Site, interruption or outage of our Site or any Content that is inaccurate, incomplete or out of date.
- If the Site Services are subject to the provisions of the Australian Consumer Law, we limit our liability to the lesser of:
- the cost of replacing the Site Services or supplying equivalent Site Services; or
- the cost of repairing the Site Services.
The Site is provided on an “as is” and “as available” basis and to the maximum extent permitted by law (including the Australian Consumer Law), we make no representations or warranties about our Site, the Content or the Site Services. In particular, we do not represent:
- suitability, reliability, completeness, security, accuracy or fitness of the Site, Content and Site Services for any particular purpose;
- that access to the Site or the Site Services will be free of any harmful components (including viruses) or other code that is harmful; or
- that there will no failure of communications or data storage.
Any use of or reliance on the Site, the Site Services or the Content is entirely at your own risk.
All prices advertised on the Site are in Australian Dollars and may exclude goods and services tax, in which case it will be added to the price at the point of sale. Prices published on the Site may change at any time without advance notice to you.
Payment for Content sold as part of the Site Services is payable in advance by direct debit from your nominated bank account or credit card.
By submitting payment information, you authorise us to provide that information to third parties (such as our payment platform) to facilitate payment. You agree to verify any information requested by us or our payment platform for the purposes of acknowledging or completing any payment.
You warrant when purchasing Site Services that any credit card or payment information that you provide to us or to our payment platform is accurate and complete and that there are sufficient available/cleared funds in the nominated account to enable the direct debit to be honoured, and any charges incurred by you will be honoured by your financial institution or credit card company. You agree to pay any charges incurred by you, including any taxes, and that if your payment method is not honoured for any reason, you will pay any additional incurred charges, including any surcharge we incur due to the failed payment.
We may use third party payment platforms to process payments for the Site Services. You agree and acknowledge that such third party payment platforms may have their own terms and conditions and privacy policies, which you may be bound by when you buy from our Site using the payment platform.
- CANCELLATION AND REFUNDS
As the Site Services and the materials on the Site are digital in nature, we do not offer refunds under any circumstances except where required by the Australian Consumer Law. We do not offer refunds because you change your mind. The onus is on you to read information about the Site Services and these Terms thoroughly.
If we agree or are required by law to grant you a refund:
- we will refund your money within 14 days of the entitlement arising;
- we will immediately remove your access to the Site and the Site Services; and
- you must immediately cease using and destroy any material provided to you or downloaded as part of the Site Services.
Being removed from any community created or managed in the course of the Site Services does not entitle you to any refund of the price.
- TERMINATION AND SURVIVAL
We may terminate these Terms and your access to the Site and the Site Services:
- if you breach the Terms and fail to remedy the breach within 7 days of our written notice to you; or
- if we reasonably believe the breach is incapable of remedy, immediately without notice in our absolute discretion.
If we terminate the Terms, all disclaimers and limitations of liability will survive the termination.
- ENTIRE AGREEMENT
These Terms, together with any changes agreed in writing, constitute the entire agreement between us and you in relation to your use of the Site and the Site Services and supersede all previous communications, negotiations and agreements, whether oral, written or electronic.
If any of these Terms is found to be invalid or unenforceable by a court of law, that invalid or unenforceable term will be severed and will not affect the remainder of the Terms, which will continue in full force and effect.
- GOVERNING LAW
These Terms are governed by the laws of Western Australia. If you believe that a dispute has arisen between us in relation to the Site Services or these Terms, please contact us in writing so that we can both, acting in good faith, work to resolve the dispute as quickly as possible. Where a dispute cannot be resolved, you agree to submit to the jurisdiction of the courts of Western Australia.
Effective date: 8 September 2021