TERMS OF SERVICE
Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Site or any Program. You are solely responsible for your results.
2. Our Disclosures
- Subject to your Consumer Law Rights, our aggregate liability for any Liability arising from or in connection with these Terms (including any Program) will be limited to us repaying you the Price paid by you to us for the Program the subject of the relevant claim and we will not be liable for consequential loss.
- Subject to your Consumer Law Rights, the Price is non-refundable and non-cancellable once paid.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights
3.1 This website (Site) is operated by Iconic Influencers Pty Ltd ACN 627 789 048 (we, us or our). These terms and conditions (Terms) are entered into between us and you, together the Parties and each a Party.
3.2 In these Terms, you means the person or entity placing an order through the Site.
4. Use of the Site
4.1 You accept these Terms by placing an order via the Site.
4. 2 You must not use the Site and/or place an order through the Site unless you are at least 18 years old.
4.3 When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a.) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b.) using the Site to defame, harass, threaten, menace or offend any person, including using the Site to send unsolicited electronic messages;
(c.) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(d.) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(e.) facilitating or assisting a third party to do any of the above acts.
5. Our Programs
5. 1 You may order a program (Program) from us as set out on the Site. If you place an order for a Program on our Site, you are making an order to purchase the Program for the price listed on the site (including taxes).
5. 2 Once we accept an order, a binding agreement is formed for the supply of a program to you in accordance with these Terms.
5. 3 It is your responsibility to check the order details, including the selected Program and pricing, before you submit your order through the Site.
5.4 When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email and details on how to access the Program.
5.5 You must not disclose your Program access details to any third party or to any persons other than the individual who will undertake the Program.
5.6 When you are purchasing a Program for another individual and/or individuals to complete (Participant), we will provide each Participant with a unique access code.
5.7 You or the Participant must have a suitable device (such as a tablet or computer) and a strong internet connection to watch the Program content on the Site.
5.8 On completion of the Program, you or the Participant will receive an email from us notifying you that the Program is complete (Program Completion).
(a.) You or the Participant will lose access to the program after Program Completion.
(b.) We reserve the right to terminate you or a Participant’s access to a Program for failure to comply with these Terms.
5.9 Should you be unable to access the Program, or should you have any other questions or issues impacting on your use and enjoyment of the Program, you must place a request via email. We will endeavour to respond to any support requests in a reasonable period.
5.10 You acknowledge and agree that the Program may be reliant on, or interface with third party systems that are not provided by us (for example, MemberVault) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Program due to a failure of the Third Party Services.
5.11 While we use reasonable attempts to ensure the accuracy and completeness of the content and materials in the Program (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Program up-to-date. The Content is not comprehensive and is for general information purposes only.
6. Price and Payment
6.1 You must pay us the purchase price for each Program you order as set out on the Site (the Price) in accordance with this clause.
6.2 You must pay the Price using one of the methods set out on the Site. We may offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
6.3 You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
6.4 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
6.5 To the extent permitted by law, the Price is non-refundable and non-cancellable once paid.
7. Our Intellectual Property
7.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available in the Program (Our Intellectual Property) will at all times vest, or remain vested, in us.
7.2 We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
7.3 You must not, without our prior written consent:
(a.) copy, in whole or in part, any of Our Intellectual Property;
(b.) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c.) breach any intellectual property rights connected with the Site or any Program, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
7.4 This clause will survive the termination or expiry of these Terms.
8.1 You represent, warrant and agree that:
(a.) you will not use our Program, including Our Intellectual Property, in any way that competes with our business;
(b.) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
(c.) you have not relied on any representations or warranties made by us in relation to future earnings, business profit, marketing performance, audience growth of any kind, unless expressly stipulated in these Terms.
9. Australian Consumer Law
9.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Program by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
9.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for a Program provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
9.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including any Program) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
9.4 This clause will survive the termination or expiry of these Terms.
10.1 Despite anything to the contrary, to the maximum extent permitted by law:
(a.) you agree to indemnify us for any Liability we incur due to your breach of the Intellectual Property clause of these Terms;
(b.) neither Party will be liable for Consequential Loss;
(c.) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
(d.) our aggregate liability for any Liability arising from or in connection with these Terms (including any Program) will be limited to us repaying you the portion of the Price paid by you to us for the Program the subject of the relevant claim.
10.2 This clause will survive the termination or expiry of these Terms.
11.1 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a.) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b.) the Defaulting Party is unable to pay its debts as they fall due.
11.2 Should we suspect that you are in breach of these Terms, we may suspend your access to the Program while we investigate the suspected breach.
11.3 Upon expiry or termination of these Terms:
(a.) we will remove your access to the Program; and
(b.) you agree that other than where termination is due to our breach of these Terms, and to the maximum extent permitted by law, any payments made by you to us (including any Prices) are not refundable to you.
11.4 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.
11.5 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under these Terms.
11.6 This clause will survive the termination or expiry of these Terms.
12. Confidential Information
12.1 Subject to clause 12.2, you must:
(a.) keep confidential; and
(b.) not use or permit any unauthorised use of,
all Confidential Information.
12.2 Clause 12.1 does not apply where:
(a.) the disclosure is required by law; or
(b.) the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Terms and provided that you ensure the adviser complies with the terms of clause 12.1.
12.3 To the maximum extent permitted by law, you indemnify, and continue to indemnify, us against all Liability we suffer or incur arising from or as a consequence of a breach of this clause 12.
12.4 This clause will survive the termination or expiry of these Terms.
13.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
13.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
13.3 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
13.4 Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
13.5 Governing law and disputes: These Terms are governed by the laws of Queensland. If any dispute or claim (including any question regarding its existence, validity or termination) arises out of or in connection with these Terms (Dispute), either Party may issue a notice to the other Party outlining the dispute or claim (Notice of Dispute). Within 14 days of a Notice of Dispute, senior representatives of the Parties must meet in good faith to resolve the Dispute by negotiation or such other means as they mutually agree. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may:
(a.) where you are incorporated, or as an individual or other entity habitually located, in Australia, refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts; or
(b.) where you are habitually located, outside Australia, the Dispute is to be resolved by arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Rules. The seat of arbitration shall be Sydney, New South Wales. The number of arbitrators shall be one. The costs of the arbitration will be shared equally between the Parties and the determination of the arbitrator will be final and binding.
13.6 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
13.7 Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
13.8 Publicity: You agree that we may advertise or publicise the fact that you are a user of our Program, including on our website or in our promotional material.
13.9 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
13.10 Third party sites: The Site (including any Program) may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site (including any Program), such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (including any Program) (Affiliate Link) or for featuring certain products or services on the Site (including any Program). We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site (including any Program), or which (if any) third party links are Affiliate Links.
14.1 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
14.2 Intellectual Property means copyright, registered or unregistered designs, patents or trademarks, any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
14.3 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions or notices, please contact us at:
Iconic Influencers Pty Ltd Ltd ACN 627 789 048
Last update: 1 September 2022
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