DISCLAIMER

​The services + products available via this site are to be used at your discretion. The products and information on these pages are not intended to treat, cure, prevent or diagnose any medical condition and are not a substitute for the medical advice of a trained physician. If you are taking prescription medication, are pregnant or nursing, or have an ongoing health condition, please consult with your primary healthcare provider to ensure these services &/or products are safe and recommended for you.

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​PRIVACY POLICY
 
This Privacy Policy sets out our commitment to protecting the privacy of your personal information that we collect through the website penelopedodd.com (Site) or directly from you.
Please read this Privacy Policy carefully. Please contact us if you have any questions – our contact details are at the end of this Privacy Policy.
You providing us with personal information indicates that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it.
If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and services offered on it.
 
1. Collection of personal information
Personal Information: The type of information we collect may include:

• name;
• contact details including email address, address and telephone number;
• demographic information such as postcode;
• preferences and opinions; and
• any other information requested on this Site or otherwise requested by us or provided by you.

 
Your use of our Site: As with most online businesses, we may log information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
Your opinion and feedback: We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you.
If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.
 
2. Use of personal information
We collect and use the information for purposes including:

• to contact and communicate with you;
• for internal record keeping;
• for market research and business development including website development;
• marketing including direct marketing;
• to run competitions or offer additional benefits to you; and
• to send you promotional information about third parties that we think may be of interest to you.

 
3. Disclosure of personal information
We may disclose personal information:

• for the purpose of providing information, products, services or marketing to customers;
• to credit reporting agencies and courts, tribunals, regulatory authorities where customers fail to pay for goods or services provided by us to them;
• to courts, tribunals, regulatory authorities, and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
• to third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia.

 
Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding handling of your personal information.
If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we would seek to maintain confidentiality.
 
4. Your rights and controlling your personal information
Choice and Consent: Providing us with your personal information is optional to you.   You can choose not to provide personal information. When you provide us with your personal information, you consent to the terms in this Privacy Policy, and to us disclosing or receiving your personal information for these purposes.
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this Privacy Policy.
Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
Correction: If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us at the details below.
 
5. Storage and Security
We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure
No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
 
6. Cookies & Web Beacons
We may use cookies on this Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie.
We may use web beacons on this Site from time to time. Web beacons or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
 
7. Links to other websites
Our Site may contain links to other websites of interest. We do not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information that you provide whilst visiting such websites, and such websites are not governed by this Privacy Policy.
 
8. Amendments
This Privacy Policy may be amended, including with changes, additions and deletions, from time to time in our sole discretion. Your continued use of our Site following any amendments indicates that you accept the amendments. You should check this Privacy Policy regularly, prior to providing personal information, to ensure you are aware of any changes, and only proceed to provide personal information if you accept the new Privacy Policy.
 
For questions and notices, please contact us at:
Penelope Dodd
ABN 84 329 493 589
PO Box 3097, Burnie 7320 Tasmania
[email protected]
 

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​WEBSITE TERMS OF USE
 
 
This website is owned and operated by Penelope Dodd
ABN 84 329 493 589, its successors and assignees, (we or us). It is available at: penelopedodd.com (Site) and may be available through other addresses or channels.
These Terms of Use (Terms) govern your use of our Site and form a contract between you and us if you use the Site. Please read these Terms carefully. Please contact us if you have any questions – our contact details are at the end of these Terms. Your use of the Site indicates that you have had sufficient opportunity to access the Terms and that you have read and accepted the Terms.

1. Information: The information, including statements, opinions and documents contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

1. Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.

1. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood the Terms, before using the Site.

1. License to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with the Terms. All other uses are prohibited without our prior written consent.

1. Prohibited Conduct: You must not:
   • Use the Site for any activities, or to post or transmit any material from the Site:
   • unless you hold all necessary rights, licences and consents to do so;
   • that infringes the intellectual property or other rights of any person;
   • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
   • that defames, harasses, threatens, menaces, offends or restricts any person;
   • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
   • that would bring us, or the Site, into disrepute.
   • Interfere with or inhibit any user from using the Site;
   • Use the Site to send unsolicited email messages;
   • Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
   • Facilitate or assist another person to do any of the above acts.

1. Copyright and Intellectual Property Rights:

Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.
You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Site does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
You must not breach any copyright or intellectual property rights connected with this Site. This includes but is not limited to:

• altering or modifying any of the code or the material on the Site;
• causing any of the material on the Site to be framed or embedded in another website;
• creating derivative works from the content of the Site; or
• using our Site for commercial purposes.

1. Republishing:

You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:

• you must make no alterations to the material;
• you must attribute the material to our Site, including linking back to our Site where possible; and
• you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.

1. Privacy: We are committed to protecting your privacy. Please read our Privacy Policy, available on our Site. By agreeing to the Terms, you agree to accept our Privacy Policy.

1. Your content: If you choose to add any content on the Site, you:

• warrant to us that you have all necessary rights to post the content;
• grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
• you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

1. Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.

1. Third Party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.

 

1. Reservation of Rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

1. Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

 

1. Limitation of Liability:

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.
To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

1. Disclaimer:

The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
While we endeavour to keep the Site and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

• the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
• Third Party Information; or
• Third Party Sites.

You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

1. Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

• your use of or access to the Site;
• any breach by you of these Terms; or
• any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

1. Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Site. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.

1. Exclusion of Competitors: You are prohibited from using our Site, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.

 

1. Enforceability: If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.

1. Termination: The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.

 

1. Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

1. Jurisdiction: Your use of this Site and any dispute arising out of your use of it is subject to the laws of Tasmania and the Commonwealth of Australia. These Terms are governed by the laws of Tasmania and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Tasmania. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

 

1. General: If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that breach or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

 
For questions and notices, please contact us at:
Penelope Dodd
ABN 84 329 493 589
[email protected] 

​SALES TERMS + CONDITIONS
 
TERMS AND CONDITIONS
 

1. ACCEPTANCE

 

• This Agreement is between Penelope Dodd ABN 84 329 493 589, its successors and assignees, (referred to as “we”, “us” or “our”), and the individual who uses or purchases any services (Services) or related products from us (referred to as “you” or “your”), and collectively the Parties.
• Our Services are available at penelopedodd.com (Site).
• These Terms and Conditions (Terms) form the agreement under which we will supply Services to you. Please read the Terms carefully. Please contact us if you have any questions. Our contact details are at the end of these Terms.
• You accept our Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, and that you are eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or older. You must not order products or services from us if you are under eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18) years or older. If you do not agree to the Terms, please do not use or purchase our Services.

 

1. REGISTRATION AND SERVICES
   • Access to some of our Services will require you to register for an account (Account). It is your responsibility to keep the details of your Account, including username and password, confidential. You are liable for all activity on your Account, including any purchases made using your account details.
   • We agree to perform the Services with due care and skill.
   • We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.
   • You may request additional services via the Site. We have discretion as to whether we agree to perform such additional services. If we agree to perform the additional services we will issue you with a new proposal in respect of such order setting out the scope of the services and the fee for such services. You will be expected to pay the fee for such additional services before we commence performing them.
   • We may provide the Services to you using our employees, contractors and third party providers and they are included in these Terms.
   • Suppliers of third party services or products who are not an employee or our direct contractor (Third Party Suppliers) will be your responsibility. We are not responsible for the quality of services or products provided by Third Party Suppliers. You must make direct arrangements with them.

 

1. FEES, INVOICING AND PAYMENT
   • You agree to pay us the fees, including any other payments and expenses, for the Services that you have requested, as set out on the Site (Fees). All amounts are stated in the currency set out on the website. All purchase prices are GST free.
   • You will be required to make payment by way of credit card or PayPal and you must provide your credit card or PayPal details to us when making a purchase for the Services.
   • Payment options for the Fees may differ between the Services (as indicated on the Site).
   • For Services where the full Fees are required to be paid upfront, we will not provide any Services until payment is confirmed.
   • For particular Services (as indicated on the Site), you will be able to make payment of the Fees by way of making a 50% payment upfront (1st instalment) and payment of the balance (2nd instalment) at a specified date as set out on the Site (2nd instalment Payment Date). We will provide the Services once payment of the 1st instalment is confirmed.
   • At the 2nd instalment Payment Date, the amount of the 2nd instalment will be deducted from the credit card or PayPal account that you have provided to us. If we are unable to take payment from your credit card or PayPal account, we will attempt to contact you via email as soon as we become aware of the payment failure. Until the 2nd Instalment payment is confirmed, your Account will be locked and we will cease providing the Services until payment is confirmed.
   • If the 2nd Instalment payment is not made within 14 days of the 2nd Instalment Payment Date, we may:

• terminate your Account without notice to you, in which case you will permanently lose access to your Account, the Materials and the Interactive Features; and/or
• exercise our right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
  • Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our website or are provided to you, whichever is earlier.

 

1. INTERACTIVE FEATURES
   • Depending on the Services that you have purchased, you may be given access to interactive features as available from time to time (Interactive Features) including:

• our blog;
• our Facebook page; and
• a members’ portal (Portal).
  • You acknowledge and agree that if you use our Facebook page, you will also be subject to Facebook’s terms and conditions.
  • Both the Portal and Facebook page will contain features which allow you to communicate with other users of our Services.
  • When using our Interactive Features, you must not:
• restrict or inhibit any other user from using and enjoying the Interactive Features;
• use the Interactive Features to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• interfere with or disrupt any servers or networks used to provide the Interactive Features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Interactive Features and Services;
• use the Interactive Features to instigate or encourage others to commit illegal activities or cause injury or property damage to any person; or
• gather for marketing purposes any email addresses or personal information that has been provided by other users of the Interactive Features or Services.
  • We do not undertake to review any messages, information or content made available on the Interactive Features (Third Party Content) and we disclaim all liability in relation to such Third Party Content to the extent permissible by law. We do, however, reserve the right to monitor the Third Party Content made available on the Interactive Features and reserve the right to alter, edit, refuse to post or remove any Third Party Content, in whole or in part, for any reason whatsoever, in our sole discretion.

 

1. YOUR OBLIGATIONS AND WARRANTIES
   • You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior twelve (12) month period.
   • You warrant that throughout the term of this Agreement that:

• there are no legal restrictions preventing you from agreeing to the Terms;
• you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;
• the information you provide to us is true, correct and complete;
• you will not infringe any third party rights in working with us and receiving the Services;
• you will inform us if you have reasonable concerns relating to our provision of Services under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns;
• you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
• you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
• if applicable, you hold a valid ABN which has been advised to us; and
• if applicable, you are registered for GST purposes.

 

1. OUR INTELLECTUAL PROPERTY
   • The work and materials that we provide to you in carrying out the Services contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the Intellectual Property including copyright which subsists in all creative and literary works incorporated into our Materials.
   • The Materials are provided to you for your exclusive non-commercial use only. The Materials are not to be shared with any other individual, and if such Materials are disclosed to any third parties without our consent, we reserve the right to terminate your Account immediately.
   • You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.
   • Your use of our Materials does not grant you a licence or act as a right to use any of the Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
   • You must not breach our copyright or Intellectual Property rights by, including but not limited to:

• altering or modifying any of the Materials;
• creating derivative works from the Materials; or
• using our Materials for commercial purposes such as onsale to third parties.

 

1. CONFIDENTIAL INFORMATION
   • We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than, where necessary, Third Party Suppliers); to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality services to you and not for any other purpose.
   • You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
   • These obligations do not apply to Confidential Information that:

• is authorised to be disclosed;
• is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
• is received from a third party, except where there has been a breach of confidence; or
• must be disclosed by law or by a regulatory authority including under subpoena.
  • The obligations under this clause will survive termination of these Terms.

 

1. FEEDBACK AND DISPUTE RESOLUTION
   • Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us.
   • If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:

• The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
• If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Tasmania to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
  • Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

 

1. TERMINATION
   • If you wish to terminate the Terms prior to completion of the Services, you are required to provide us with notice in writing. You acknowledge and agree that:

• to the extent permitted by law, any payments made for the Services will not be refunded to you; and
• if you elect to use the Services again at a later date, you will be required to pay the full Fees for the Services – you will not receive any store credit for Services which were prematurely terminated by you.
  • Either party may terminate the Terms if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
  • We may terminate the Terms immediately, in our sole discretion, if:
• we discover that you are sharing our Materials or your Account details with third parties;
• we consider that a request for a Service is inappropriate, improper or unlawful;
• you fail to provide us with clear or timely instructions to enable us to provide the Services;
• we consider that our working relationship has broken down including a loss of confidence and trust;
• you post any disparaging or disrespectful comments about us or any other users in our Portal or Facebook page;
• you act in a way which we reasonably believe will bring us or our Site into disrepute;
• you provide us with incorrect credit card or Paypal details or any other incorrect information;
• for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe; or
• where applicable, you fail to pay the 2nd Instalment within 21 days of the 2nd Instalment Payment Date.
  • On termination of these Terms you agree that the Fees and any other payments made are not refundable to you, and you are to pay all invoices for Services rendered to you.
  • If you terminate this Agreement early, you must pay for all Services provided prior to termination, including any Services which have been performed and have not yet been billed to you.
  • On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
  • On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.
  • On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
  • The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

 

1. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
   • ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).   Our liability is governed solely by the ACL and these Terms.
   • Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
   • Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.
   • Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
   • Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
   • Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services, the Site, the Interactive Features and this Agreement, except those set out in this Agreement, including but not limited to:

• implied or express guarantees, representations or conditions of any kind, which are not stated in the Terms;
• our Services, the Site and the Interactive Features being unavailable; and
• any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site or the Interactive Features or your inability to access or use the Services or the Interactive Features, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
  • Information: While the information and material on the Site and our blog, in the Materials and otherwise provided to you is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers and employees accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of such information and materials. Any reliance you place on the information and materials is at your own risk.
  • Limitation: Our total liability arising out of or in connection with our Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
  • Disclaimer: You agree that any information, insights or guidance contained in our Site, Services, Interactive Features or Materials is not an attempt to practice medicine or provide medical advice. It is not to be used or relied on for any diagnostic or treatment purposes. Use of our Site, Services, Interactive Features or Materials does not establish a doctor-patient relationship. The Materials should not be used as a substitute for professional diagnosis and treatment. Any health information in our Site, Services, Interactive Features or Materials, is provided simply for your convenience. The Site, Service, Interactive Features and Materials are intended for general information purposes only. They do not take into account your own personal circumstances. They are not intended to be advice, they are not intended to be relied upon and they are not a substitute for professional medical advice based on your personal circumstances.
  • You are solely responsible for determining the suitability of any of our Services, and your reliance on any information that is provided to you through our Site, Services, Interactive Services or Materials are at your own risk.
  • This clause will survive termination of these Terms.

 

1. INDEMNITY
   • You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

• any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
• any breach of these Terms; and
• any misuse of the Services, the Site or the Interactive Features from or by you, your employees, contractors or agents.
  • You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
  • The obligations under this clause will survive termination of these Terms.

 

1. GENERAL
   • Privacy: We agree 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.
   • Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you.
   • Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
   • GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
   • Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
   • Assignment: The Terms are personal to the Parties. 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 not to be unreasonably withheld).
   • Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.
   • Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
   • Notice: Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you at the address in the Proposal. Our address is set out in the Proposal. Any notice may be sent by standard post or email, and notice 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.
   • Jurisdiction & Applicable Law: These terms are governed by the laws of Tasmania and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Tasmania.
   • Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 

1. DEFINITIONS
   • Confidential Information includes confidential information about you, your credit card or Paypal details, your personal information, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.
   • GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
   • Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.