DIGITAL PRODUCT TERMS & CONDITIONS

By clicking that you understand and agree to these Terms of Service, you are agreeing to be bound by these Terms of Service; if you do not agree, you cannot purchase any of our Digital Products or Online Courses.

We may change these Terms at any time, and by continuing to use or access our website and services, you are accepting those changes.

ADDITIONAL TERMS OF SERVICE FOR BUYERS OF OUR PRODUCTS ONLINE

These Additional Terms of Service for Buyers (“Terms”) apply to all clients and customers, or all potential clients and customers of The Trustee of Jaworn Business Trust t/as Annelise Worn and t/as Impact Business [ ABN 45447914362] (“we, us, our”).

These Terms together with the Terms of Use and any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an Agreement with us (“Agreement”).

“You” could be any customer or client of ours. You must be 18 years old or older to purchase our Digital Products and Online Courses. You must provide current, complete and accurate information to us, including account information, and promptly inform us of any updates to your information.

OUR PRODUCTS

You must only use any Digital Products in accordance with our instructions.

There may occasionally be errors or omissions in Digital Products or Online Course descriptions, prices, availability and promotions. There will be some Digital Products or Online Courses with limited quantities, and some sales that are limited to certain regions or groups of people. We cannot guarantee the accuracy of the information, the or the availability of the Digital Products or Online Courses.

Except as required by law, we may at any time, and without prior notice to you:

  • ·  change and update information including availability and promotions;

  • ·  change prices or descriptions of our Digital Products and Online Courses;

  • ·  change our range of Digital Products and Online Courses, or discontinue Digital Products and Online Courses and/or

  • ·  cancel orders if information is inaccurate.

    DELIVERY OF OUR PRODUCTS

    Digital Products are delivered immediately, or where indicated an Online Course will be delivered over a period of time. Please be aware there are inherent risks associated with downloading any software and digital products. Should you have any technical problems downloading any of our Digital Products or Materials, please contact us so we may try to assist you.

    PAYMENT TERMS

    You must pay us for our Digital Products and Online Courses via the Payment Methods.
    Any special offer coupons must be added at the time of purchase to apply; they cannot be applied retrospectively. Where payments are made in instalments, you authorised us to deduct all accrued and outstanding fees from your credit card or debit card provided.

    Payment for any Online Courses must be received by us prior to the commencement of the Online Course. Your place in an Online Course cannot be reserved or confirmed until this payment has been received.

    MEMBERSHIP ACCOUNTS

We require you to have a membership account to purchase the Online Course. You must maintain the confidentiality of your login and password. You are solely responsible for all use of your login and password. You must not allow other people to use your registration. We may require personal information as part of your membership account. This is used subject to our Privacy Policy.

CONSUMER GUARANTEES AND REFUNDS

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Digital Products and Online Courses are of acceptable quality, fit for purpose and match the description we provide on our website. If a Digital Product or Online Course fails to meet a consumer guarantee, please notify us at info@anneliseworn.com. You will have the right to have a product replaced or refunded if it doesn’t meet a consumer guarantee.

Except as required by law we do not warrant the quality of the Digital Products or Online Courses or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Digital Products or Materials is due to your failure to comply with our instructions, where you fail to provide us with adequate information or where you can no longer partake in an Online Course.

CANCELLATIONS

Except as required by law, all sales for our Digital Products and Online Courses are non-transferable and non-refundable. You acknowledge and agree that once you have placed and paid for your order we cannot cancel your order as it has been processed, or your place in an Online Course has been confirmed and other persons have been unable to participate because of it.
Despite our reasonable endeavours, on occasion we may need to change, times or dates of an Online Course at short notice or even cancel parts or all of an Online Course. We will notify you as soon as possible of any changes. In these circumstances we may also offer a transfer you to another Online Course if the time or date is inconvenient to you. We do not provide refunds except as required under the Australian Consumer Law.

TERMINATION

We may refuse to provide Digital Product or Online Courses to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, any membership, and ban your purchase of any Digital Products or Online Courses. We can also change, suspend or stop providing Digital Products and Online Courses at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Digital Products and Online Courses.

MARKETING AND TESTIMONIALS

Where you provide us with any photos, videos, testimonials, and/or case studies we may use them for marketing and information purposes, publications, exhibitions and professional awards across any print or digital medium, including any social media channel. By providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at info@anneliseworn.com. You must seek our prior written consent before any publication of information about us.

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in our Digital Products and Online Course Materials are owned by or licensed by us. We grant you a non-exclusive, non- transferable, royalty-free, revocable licence for you to use our Digital Products and Materials for your personal use only. This licence to use our Materials in relation to the Online Courses is for the duration of the Online Course only. You must not reproduce, duplicate, copy, sell, re-sell or exploit the Digital Products or Materials in any way. In particular, you must not use our Digital Products or Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at info@anneliseworn.com to seek consent.

RELIANCE ON ADVICE DISCLAIMER

We may provide information in our Digital Products and Materials that may be classed as legal, business, financial, medical or health information. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information or advice may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information or advice may not be complete. For that reason, we cannot guarantee that the information or advice is accurate, complete or current.

We cannot take into account your personal situation or your personal goals or objectives when providing the Digital Products and Online Course Materials. You must consider whether or not the information and advice is appropriate to your needs. The Digital Products and Materials are not a substitute for independent professional advice and any reliance on this information is at your sole risk. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on this advice. For example, do not use any financial information before seeing a financial advisor.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Digital Products or Online Courses purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Digital Products and Online Courses, your reliance on any of our advice and information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, changes to dates and times of Online Courses, termination of your membership, where you do not complete an Online Course.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

· the replacement of the products or services or the supply of equivalent products or services; or
· the payment of the cost of replacing the products or services or of acquiring equivalent products and/or services.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Digital Product or Online Course you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including , but not limited to any breach of our Intellectual Property Rights, where you provide incorrect information, any breach of the user content rules in our Terms of Use.

IF THERE IS A DISPUTE

If at any time our Digital Products or Online Courses are not reasonably acceptable to you or we disagree on the quality you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not

waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.

Agreement means these Terms, and the Terms of Use and all other terms and conditions and policies published or linked to on our website.

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Client means you, the client who is agreeing to these terms and conditions.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.

Materials means any of our books, and any and all online course materials, worksheets, documents, copy, diagrams, videos, photographs and anything provided to you during the program or course.

Online Course means the Marketing Mentor Program & Business Builder Course and includes all Materials. Payment Methods means stripe.

Digital Products means any digital product available through our website.

Our Representatives means any of our employees, agents, contractors or subcontractors. Services means the website services, Digital Products and Online Courses we agree to provide to you.

We, us, or our means The Trustee of Jaworn Business Trust t/as Annelise Worn and t/as Impact Business [ ABN 45447914362] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.

Website and services means www.anneliseworn.com and everything available on this website including, but not limited to, all Digital Products, Online Courses and services.