Conditions of Download and Sale
Last Updated: April 12, 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OUR FREE RESOURCES OR PURCHASING OUR PRODUCTS AND PROGRAMS.
These Terms and Conditions apply to your download of free resources and your purchase of products and programs from Great Products Consulting at www.greatproductsconsulting.com (the “Website”).
These Terms and Conditions should be read in conjunction with our:
Website Terms and Conditions for the Great Products Consulting website, which can be found at www.greatproductsconsulting.com/terms-of-use (“Website Terms”); and
Great Products Consulting’s Privacy Policy, which can be found at www.greatproductsconsulting.com/privacy-policy (“Privacy Policy”).
(collectively known as the “Terms”)
In the event of any inconsistency between these Terms and Conditions and the provisions contained in the Website Terms, the provisions in these Terms and Conditions prevail.
If you access, use and/or make a purchase from our website, we will take that to mean that you agree to the Terms and that they are binding on you. If you don’t agree, please refrain from using our website. We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly to ensure you are aware of any changes.
You must be over 18 years of age to use this website and to purchase any goods or services.
For the purposes of these Terms and Conditions:
“Website” refers to www.greatproductsoconsulting.com;
“Us”, “Our” and “We” refers to Great Products Consulting ABN 73890748529 (PO Box 583, Marrickville, NSW 1475); and
“You” and “Your” refers to you, the client, visitor, website user or person using our website.
OUR PRODUCTS AND SERVICES
Our website offers digital download products (collectively known as “digital goods”) and 1-on-1 consulting service programs (collectively known as “consulting services”).
CONTRACT FORMATION
The contract between us (“Contract”) is formed upon the completion of your purchase and the sending of an order confirmation to you.
We reserve the right to cancel orders that we believe to be fraudulent or constitute a misuse of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing.
PRICES AND TAXES
All prices are in Australian dollars ($). Prices displayed on the website are inclusive of GST on purchases, if any. Great Products Consulting is currently not registered for GST.
Prices may change at any time and without notice, but changes will not affect existing orders where a contract has previously been formed.
You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any goods and services acquired or ordered by you from our website.
PAYMENTS
Unless otherwise expressly agreed in writing by us, payment for all products and programs must be by credit card. We accept payment with Visa or MasterCard.
Your credit card account will be charged at the time of your transaction, prior to delivery. All credit/charge card payments are subject to authorisation by the card issuer. Digital goods and consulting services will only be made available to you once your payment has been authorised.
DELIVERY OF GOODS AND SERVICES
When you purchase digital goods, we will send you an email containing a link from which you can download the digital goods you have purchase. It is your responsibility to ensure that you provide us with an accurate and valid email address.
Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
Downloads of a digital good are unlimited and with no time limit. Updates to a digital good may be provided to you with no extra charge at the discretion of Great Products Consulting. You may not share any digital good purchased by you by forwarding or sending it to someone else, or use it for any commercial purpose.
Upon the purchase of services, we will contact you to make arrangements for the delivery of services at a mutually agreeable time. The services should start within 6 months from the purchase date.
We will provide the services via teleconference or web-conference.
We reserve the right at any time to modify or discontinue goods and services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of goods or services.
RETURNS AND REFUNDS
Great Products Consulting handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order of digital goods, please notify us within 14 days of purchase with a valid reason for a refund.
If your purchase is in any way defective, damaged or not as described, please contact us immediately with your proof of purchase, and we will arrange for a replacement good.
If we are still unable to resolve your complaint or further assist you and:
If you have not downloaded the digital goods, we will process a full refund immediately and you will have no further access to download the goods.
If the digital goods have already been downloaded, you will be required to delete any copies of the goods, we will then process a full refund immediately and you will have no further access to download the goods.
For change of mind returns, we cannot provide a refund for digital goods.
Refunds for our consulting services will only be considered prior to the first 1-on-1 workshop. The refund policy above will apply to the digital goods portion of the program. A full refund for consulting services will be given up to 48 hours prior to the start time of the first session. A 50% refund will be provided within 48 hours of the start time of the first session. No refund will be provided after the start time of the first session.
Refunds will be processed promptly and payment will be made by the same method that you used to make the original payment. All refunds are made at the discretion of Great Products Consulting.
CONSULTING SERVICES
The following terms are specific to the delivery of 1-on-1 consulting programs. These programs consist of consulting services and digital goods.
From time-to-time, we may also offer consulting services with the purchase of digital goods. These terms also apply to those services.
By using our services, you agree that Great Products Consulting is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Great Products Consulting liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Great Products Consulting.
All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute financial or legal advice. Results are not guaranteed and Great Products Consulting takes no responsibility for your actions, choices or decisions.
The work provided by us for each program can be found under the relevant program page on our website.
We will assign an individual service provider (referred to as ISP) to deliver the services outlined for each program. However, we may vary or substitute the ISP if it is reasonable and will not adversely affect the services.
INTELLECTUAL PROPERTY
Intellectual property includes materials that may be protected by patents, designs, copyrights, moral rights, know how, trade secrets, rights in confidential information and any other intellectual property rights, whether registered or unregistered.
In relation to any intellectual property that we (or any ISP) discover, create or develop in the course of providing the services, we assign all our present and future rights in it to you and it will be your property on creation. If requested, we will sign any documents that you reasonably require to evidence your rights in it. However, this does not apply in relation to background intellectual property that we (or any ISP) discover, create or develop prior to, or independently of, providing the services to you; or third party intellectual property that we notify you will be used in the course of providing the services.
CONFIDENTIAL INFORMATION
We will only use or disclose your confidential information for the purposes of performing the services. We will ensure that your confidential information is securely safeguarded and if requested, including after the program ends, return or destroy it and delete any electronic copies saved on our computers. However, we may disclose your confidential information to our professional advisors, as required by law or with you consent.
We will ensure that the ISPs and our employees, agents and contractors comply with these obligations.
Your confidential information includes information you specifically designate in writing as confidential; and information about your business, operations or strategies, products or services, intellectual or other property, and actual or prospective customers, suppliers or competitors. It excludes any information that is public knowledge or becomes generally available to the public (other than due to our breach of these Terms) or if we develop or receive from a third party independently of you (unless you are the direct or indirect source).
INDEPENDENT CONTRACTOR
We acknowledge that we (and the ISPs) are engaged by you as an independent contractor and not an employee or agent; and solely responsible for paying any income taxes, superannuation, workers’ compensation or other employment related contributions due in relation to this Agreement.
SUCCESSORS IN TITLE
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
NOTICES
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Once a notice has been sent to you, it will be treated as validly served for legal purposes immediately when posted on our website or 24 hours after an e-mail is sent.
For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Great Products Consulting that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
Our website may be accessed from overseas. We make no representation that the content of our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access our website.
If you have not downloaded the digital goods, we will process a full refund immediately and you will have no further access to download the goods.
If the digital goods have already been downloaded, you will be required to delete any copies of the goods, we will then process a full refund immediately and you will have no further access to download the goods.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Great Products Consulting that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.