Sharon Blain Education Website Terms and Conditions of Use

1. About the Website
   1. Welcome to https://www.sharonblain.com (the 'Website'). These Terms and Conditions apply specifically to the online education plans offered directly on this website for purchase, sometimes referred to as content or services (the ‘Content’ and/or ‘Services’). Sharon Blain owns and operates various other websites which offer a variety of other services, products and education that have their own specific terms and conditions that may differ to the below – please always refer to the applicable terms and conditions.
   2. The Website is owned operated by Sharon Blain Education Pty Ltd (ABN 96 154 294 283). Access to and use of the Website, or any of its associated Businesses, Websites, Content, Products or Services, is provided by Sharon Blain Education. Please read these terms and conditions (the 'Terms') carefully. By using, reading, browsing, and/or purchasing on or from the Website, including all information, tools and services available to you the user, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately. Throughout the website, in all our Policies, and all content herein, the terms “we”, “us” and “our” refer to Sharon Blain Education.
   3. We are not responsible if information made available on the Website is not accurate, complete, or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Website is at your own risk. The Website may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
   4. We may provide you with access to third-party tools, links and/or websites over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such items “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, links, products and/or websites. You should ensure that you are familiar with and approve of the terms on which these are provided by the relevant third-party providers.
   5. We may also, in the future, offer new services, content, products, tools, resources and/or features through the Website. Such new features shall also be subject to these terms and conditions.
   6. We reserve the right to review and change any of the Terms by updating this page at our sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records and check back periodically for any updates or changes.
2. Acceptance of the Terms
   1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by us in the user interface.
3. Registration to use the Purchase Services
   1. In order to access the Purchase Services, you must first register as a User of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification and contact details), including but not limited to:
      1. Email address
      2. Preferred username and password
      3. Mailing and Billing address
      4. Telephone number
   2. You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.
   3. Once you have completed the registration process, you will be a registered User of the Website ('User') and agree to be bound by the Terms. As a User you will be granted immediate access to the Purchase Services.
   4. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
   5. You may not use the Purchase/Content Services, and may not accept the Terms if:
      1. you are not of legal age to form a binding contract with us; or
      2. you are a person barred from receiving the Purchase/Content Services under the laws of Australia or other countries including the country in which you are a resident, or from which you use the Purchase/Content Services.
4. Your obligations as a User
   1. As a User, you agree to comply with the following:
      1. You will use the Purchase/Content and all Website Services only for the purposes that are permitted by:
      2. the terms;
      3. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      4. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase/Content Services;
      5. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      6. access and use of the Website are limited, non-transferable and allows for the sole use of the Website by you for the purposes of Sharon Blain Education providing the Purchase/Content Services;
      7. you will not use the Website, or Purchase/Content Services for any illegal and/or unauthorised use which includes but is not limited to collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of, or linking, to the Website, or for the transmission of any worms or viruses or any code of a destructive nature. You will not harass, harm, abuse or defame others, nor infringe upon or violate intellectual property rights, nor provide false or misleading information;
      8. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Website use and Purchase/Content Services. Appropriate legal action will be taken by Sharon Blain Education for any illegal or unauthorised use of the Website;
      9. If, at our request, you send certain specific submissions (for example contest entries), or without a request from us, you send creative ideas, suggestions, proposals, plans, reviews, testimonials or other materials (collectively “comments”), whether online by email, by postal mail, or otherwise, you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, nor will your comments contain any virus or other malware, nor be abusive, obscene or otherwise unlawful or false; and
      10. you acknowledge and agree that any automated use of the Website, or its Purchase/Content Services is prohibited.
5. Purchase of Content Services and Returns/Cancellation Policy
   1. In using the purchase services to purchase the content through the Website, you will agree to the payment of the purchase price listed on the Website for the Content/Services (the 'Purchase Price').
   2. Payment of the Purchase Price may be made through PayPal or Stripe (the 'Payment Gateway Provider/s'). The purchase feature of the Website is hosted by WooCommerce who provide the online e-commerce platform that allows the sale of Content Services to you. In using the Purchase/Content Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the payment gateway/s and e-commerce platform provider.
   3. Following payment of the Purchase Price being confirmed by us, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use.
   4. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to, or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
   5. Prices for our Content Services are subject to change without notice. We reserve the right at any time to discontinue or modify the Content or Services (or any part or Content thereof) without notice at any time.
   6. You also agree to be bound by all the Terms and Conditions, our Privacy Policy, our Refund Policy and Cancellation Policy, and any other terms and conditions, notices and/or disclaimers displayed on the Website.
   7. If you have any questions in relation to these terms and conditions which may affect your decision to purchase and/or participate in the Services offered, please contact us at [email protected] before you complete the registration and/or purchase process.
   8. We do not accept returns or exchanges for change of mind during each monthly billing period that you have an active content purchase agreement with us – however you are free to cancel your service/content plan at the end of every monthly billing period you have with us, with no penalties or fees. Please check all the service/content details on our website carefully prior to purchasing. To the extent permitted by law, all warranties are excluded except those contained in the Australian Consumer Laws pursuant to Schedule 2 of the Competition and Consumer Act 2010.
6. Online Digital Delivery Services
   1. You acknowledge that the Purchase Services/Content offered by us integrate online digital delivery (the 'Delivery Services') through the use of third-party companies (the 'Delivery Service Providers').
   2. You acknowledge and agree that we are not the provider of these online delivery options and merely facilitate your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
   3. In the event that you experience any issues with the online digital content delivery, we ask that you:
      1. contact us immediately by sending an email to [email protected] informing of us of the situation, stating the issue and date/s it occurred
7. Copyright and Intellectual Property
   1. The Website, the Purchase/Content Services, and all of the related Services of Sharon Blain Education are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site/s Contents and compilation of the Website/s (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by us or our contributors.
   2. We retain all rights, title, and interest in and to the Website and all related Content. Nothing you do on or in relation to the Website will transfer to you:
      1. the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Sharon Blain Education; or
      2. the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
      3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
   3. You may not, without our prior written permission and the permission of any other relevant rights owners: broadcast, republish, up-load to a third-party, transmit, post, copy, distribute, show, or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials or Content on the Website, which are freely available for personal re-use or are in the public domain.
   4. All trademarks, service marks and trade names are owned, registered and/or licensed by Sharon Blain Education, who grants you to a worldwide, non-exclusive, royalty free, revocable licence whilst you are a User to:
      1. Use the Website pursuant to the Terms;
      2. Copy and store the Website and the material contained on the Website in your device’s cache memory; and
      3. Print pages from the Website for your own personal and non-commercial use.
         We do not grant you any other rights whatsoever in relation to the Website or the Content. All other rights are expressly reserved by us.
8. Privacy
   1. We take your privacy seriously and any information provided through your use of the Website and/or the Purchase/Content Services are subject to our Privacy Policy, which is available on the Website.
9. General Disclaimer
   1. You acknowledge that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Service or Website Content, other than provided for pursuant to these Terms.
   2. We will make every effort to ensure the Content/Service, is accurately depicted on the Website, however, you acknowledge that some items may differ from what is displayed on the Website.
   3. We have used an online third-party provider for creating subtitles in various languages for the purpose of enhancing your experience as a User where applicable. We make no guarantees about the accuracy of the translation or any of the subtitles, and you should not rely on these – the English spoken word/audio in the videos is the original information to refer back to as the most accurate.
   4. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
   5. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
      2. we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website and/or Purchase/Content Services or these Terms (including as a result of not being able to use the Website and/or Purchase/Content Services, or the late supply of these), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
   6. Use of the Website, the Purchase/Content Services and any of the Services we offer (including the online digital Delivery Services), is at your own risk. Everything on the Website and the Purchase/Content Services of Sharon Blain Education, are provided to you on an "as is" and "as available" basis, without any condition of warranty except as provided for by clause 5 of these terms and our Refund and Cancellation Policy. None of the affiliates, directors, officers, employees, agents, contributors, third party providers or licensors of Sharon Blain Education including any third-party tools, content, or options made available to you make any express or implied representation or warranty about its content or any purchase services (including the Content or Purchase Services of Sharon Blain Education) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. temporary suspension, without notice to you, of our website and any related content/services due to system failure, maintenance or repair, or any other reason beyond our control. While we use reasonable endeavours to ensure the website is available 24 hours a day, we do not represent or warrant any aspect of your access as a User to all Content/Services purchased;
      3. any change or discontinuation of any aspect of the Content, or Services made by us at any time;
      4. the accuracy, suitability, or currency of any information, Content on the Website, the Purchase/Content Service, or any of its Content related Products (including third-party material and advertisements on the Website);
      5. costs incurred as a result of you using the Website, or any of the Purchase/Content Services;
      6. the Content or operation in respect to links which are provided for the User's convenience;
      7. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
      8. any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10. Limitation of Liability
    1. Our total liability arising out of or in connection with the Purchase/Content Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Sharon Blain Education is the resupply of information or Purchase/Content Services to you.
    2. You expressly understand and agree that Sharon Blain Education, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. We are not responsible or liable in any manner for any Website Content (including the Content and third-party content) posted on the Website or in connection with the Purchase/Content Services, whether posted or caused by Users of our Website by third parties, or by any of the Purchase/Content Services offered by us.
    4. You acknowledge that we do not provide the digital Delivery Services to you, and you agree that Sharon Blain Education will not be liable to you for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the digital Delivery Services.
11. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by Sharon Blain Education as set out below.
    2. If you want to terminate the Terms, you may do so by:
       1. notifying us at any time; and
       2. closing your accounts for all of the Purchase/Content Services which you use, where we have made this option available to you.
    3. Your notice should be sent, in writing, to us via the 'Contact Us' link on our Website, or to [email protected]
    4. We may at any time, terminate the Terms with you if:
       1. you have breached any provision of the Terms or intend to breach any provision;
       2. We are required to do so by law;
       3. the online platforms and Delivery Services with whom we offered the Website, and Purchase/Content Services to you, has terminated its/their relationship/s with us or ceased to offer the Purchase/Content Services to you;
       4. we are transitioning to no longer providing the Website, or Purchase/Content Services to Users in the country in which you are a resident or from which you use the service; or
       5. the provision of the Website or Purchase/Content Services to you by us is, in our opinion, no longer sustainable or commercially viable.
    5. Subject to local applicable laws, we reserve the right to discontinue or cancel your use of/or registration to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase/Content Services without notice if you breach any provision of the Terms or any applicable law, or if your conduct impacts our name or reputation or violates the rights of those of another party.
    6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Sharon Blain Education have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Indemnity
    1. You agree to indemnify Sharon Blain Education, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:
       1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
       2. any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so, and any breach by you or your agents of these Terms; and/or
       3. any breach of the Terms.
13. Dispute Resolution
    1. Compulsory:
       If a dispute arises out of, or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice:
       A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
    3. Resolution:
       On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
       1. within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
       2. if for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by NSW Fair Trading.
       3. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
       4. the mediation will be held in NSW, Australia.
    4. Confidential:
       All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation:
       If 45 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
    1. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
15. Governing Law
    1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice, declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17. Severance
    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.