THE HAPPY HABIT WITH FLEUR CHAMBERS – ONLINE PURCHASE TERMS & CONDITIONS (COURSE & DIGITAL)
This online platform (Platform) is operated by Fleur Elizabeth Chambers trading as The Happy Habit with Fleur Chambers [ABN 20 606 889 466] or its successors and assignees (we, our or us). It is available at: www.thehappyhabit.com.au and may be available through other addresses or channels, including our mobile application or on a platform hosted by a third party.
Throughout these online purchase terms and conditions (Terms). Platform refers to our online or mobile presence and educational materials, regardless of how you access it.
By downloading our App, accessing and/ or using our Platform, you warrant to us that you:
- have the legal capacity to enter into a legally binding agreement with us, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and
- agree to use the Platform in accordance with these Terms.
If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (Minor) to use the Platform, you agree to assume all risks associated with their account and use of the Platform, ensure that the content on the Platform is suitable for the Minor and ensure all information submitted to us by the Minor is accurate.
If you access or download our mobile application from:
- the Apple App Store, you agree to any terms prescribed by Apple and any usage rules included in the App Store Terms of Service; and
- the Google Play Store, the Android, Google Inc Terms and Conditions, including the Google App Terms of Service apply.
When you, as purchaser of goods, digital, audio or video content (you or your) place an order (Order) via our Platform, you will receive an acknowledgement confirming receipt of your order. However, this acknowledgment will not constitute acceptance of your order.
A contract will not be formed between us until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you by email or other form of digital download (Contract). In the case of audio, video or online course content hosted from our Platform, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Platform.
You agree that you will not copy, reproduce, distribute or use the content other than as set out in this Contract and that you must not sell, transfer, lease, modify, distribute or publicly perform the content included as part of the Contract or provided to you by us.
If you breach the Contract we reserve the right to terminate your license to use any purchased products. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other products we offer will be subject to another Contract.
We try and ensure that all details, descriptions and prices that appear on our Platform are accurate, note that errors may occur. Where we become aware of any such error we will endeavour to notify you.
Payments are to be made by the method you choose from our Platform. The payment method that you choose to use may be subject to additional terms and conditions that are imposed by the applicable third party payment processor. Where a third party payment processor is used, please review these terms and conditions before choosing and using your selected payment method. You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.
Delivery of digital product
The digital product and/ or course access on our Platform (which includes access to any relevant third party platform) will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party platform. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions. As at the date of these Terms the third party platform we use is Kajabi.
Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision. However, where we are required to provide a refund to you under Australian Consumer Law, you are entitled to a replacement or refund for a major failure. Your refund (if any is given) will be paid in the currency that it was received by us.
Limitation on claims
We have no liability to the extent that a failure of the product or service you purchase from us is attributable to any act or omission on your part.
Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to:
- in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
- in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
Subject to the preceding paragraphs, 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. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to the Contract or these terms of service or arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the content used on our Platform (Content). We also own all of the Content. Your use of our Platform to participate in our online course and/ or digital products and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of us or the owner of the Content (as applicable):
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Platform, including (without limitation) by:
- altering or modifying any of the Content;
- causing any of the Content to be framed or embedded in another website or platform; or
- creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews (User Content) on our Platform. By making available any User Content to you on or through these methods, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform we use for the Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Title and risk
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
Exclusion of competitors
You are prohibited from using our Platform, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
We may, at any time and without notice to you, discontinue our Platform in whole or in part. We may also exclude any person from using our Platform and our Content, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Notice regarding Apple
- To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
- Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
- If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
- Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:
- product liability claims;
- any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
- Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
- You agree to comply with any applicable third-party terms when using our mobile application.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
- You hereby represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these 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 conditions.
You acknowledge and agree that the information provided in our digital products and services and online courses is not therapy or medical advice. We do not conduct a counseling or therapy business and if disturbing or worrying thoughts come up as a result of meditation we suggest you contact a health professional immediately.
You warrant that you have not relied on any testimonials published by us as a reliance to purchase the online course or otherwise purchase the digital products we offer. While every effort has been made to accurately represent this course and the likely outcome, there is no guarantee that you will achieve the results that you may have expectations of. In this regard, your level of success in completing any digital online course offered by us depending on the time you devote to the program and other external factors. Since these factors differ according to different individuals we cannot guarantee your success or any particular outcome or other external outcomes such as increased wellbeing or less anxiety as a result of any program or material offered on our Platform. You enter into any online course or program of study we offer on this basis.
The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
We may modify these Terms from time to time by posting the amended Terms on our Website. By continuing to use the Website and any associated third party platform hosting our Content after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account with our Website and any other associated third party platform hosting our Content.
The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
The laws in force in Victoria govern these terms of service. You agree to submit to and be bound by the exclusive jurisdiction of the courts of that jurisdiction.
Fleur Elizabeth Chambers trading as The Happy Habit with Fleur Chambers [ABN 20 606 889 466]
Email: [email protected]
Last update: 31 January 2020