Terms and Conditions
TERMS OF SERVICE AGREEMENT
In this Agreement, “Us, we, our” means Simone Samuels trading as Simone Samuels Wellness, “you, your” means the purchaser of services and/or programs through our website. This document constitutes a contract between you and us.
1 ACCEPTANCE
1.1 By clicking “I Agree”, entering your credit card information, paying to us the up-front amount requested, or otherwise enrolling, electronically, verbally, or otherwise, you agree to be provided with services by us, and you are entering into a legally binding agreement with us, subject to the following terms and conditions.
1.2 When you purchase audio, video or written content from us, we grant you access (which is limited, revocable, non-exclusive, non-transferable) to listen to, download or stream such content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, translate, distribute or use the content other than as set out in this contract. You must not sell, transfer, lease, modify, translate, distribute or publicly perform the content in any manner and you must not exploit it commercially. You agree to not tamper with the content or create any derivative works therefrom.
1.3 We may terminate your access to use any purchased products if you breach this contract.
1.4 You agree to our Privacy Policy and our Website Terms of Use.
2 RELATIONSHIP
2.1 The parties agree that we are an independent contractor and this Agreement does not constitute an employment relationship.
3 SERVICES
3.1 The Moon Membership (the “Program”) is a membership site for online training, courses, resources and other content relating to self development (the “Service”).
3.2 Parties agree that the Service is in the nature of coaching and education only.
3.3 The scope of services provided by us according to this Agreement is limited to those listed on magneticpreneur.com website as part of the Program. We reserve the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
3.4 The terms of this agreement shall be binding for any further services provided by us to you.
4 FEES AND PAYMENT
4.1 You agree to pay us the fees according to the payment set forth on our website, or otherwise provided to you.
4.2 All Services sold by us are charged in Australian dollars.
4.4 Services will only be provided once payment has been made. In the event of any overdue or unpaid invoice amounts we will cease to provide Services to you.
4.5 If you are paying on a monthly subscription this allows you access to the Service for one calendar month. Failure to pay your monthly subscription payment will result in access to the Service being stopped.
4.6 For annual subscriptions you will receive 365 days access to the Service. You may cancel the automatic renewal of your annual subscription at any time and your access to the Site and Service will end at the end of the current contracted term.
4.7 Our pricing structure or payment methods may be amended from time to time at our discretion.
5 GST
5.1 If you are located in Australia you will be charged Australian Goods and Services Tax.
6 REFUNDS AND MEMBERSHIP CANCELLATIONS
6.1 By purchasing our Program you understand and agree that all sales are final and no refunds will be provided for any reason. There are no refunds for change of mind or similar. Refunds may be granted in very limited circumstances and in the sole discretion of us.
6.2 If you can’t attend or participate in the Program for any reason whatsoever, you will not be entitled to receive a refund.
6.3 You may cancel your monthly or yearly subscription at any time, but due to the nature of the Service no refunds will be made for any membership fees already paid.
6.4 Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
6.5 No partial refunds are given should you terminate a monthly or annual subscription before your renewal date, however you will retain access to the Service until the end of your subscription term.
6.6 It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
7 DISCLAIMER OF GUARANTEE
7.1 You accept and agree that you are entirely and solely responsible for your progress and results from the Program.
7.2 You accept and agree that we cannot control your responses to the provision of the services under this agreement.
7.3 We take no representations or guarantee whatsoever regarding performance of this agreement other than those specifically stated herein.
7.4 We make no guarantee or warranty that the Program will meet your requirements or that all clients will achieve the same or similar results.
7.5 If you decide not to implement our recommendations, you are still liable to pay our fee for the Program and we will not provide any refunds.
7.6 We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing
8 NO RESALE OF SERVICES IS PERMITTED
8.1 You agree not to reproduce, duplicate, translate, copy, sell, trade, resale or exploit for any commercial purposes, any portion of the Program, use of the Program or access to the Program.
8.2 This agreement is not transferable or assignable without our prior written consent, where such consent may be withheld at our absolute discretion.
9 INTELLECTUAL PROPERTY & COPYRIGHT
9.1 You acknowledge that we own all intellectual property rights in the material, ideas, concepts, know-how and techniques that will be shared with you during the program.
9.2 You agree not to use (other than for your own personal use), copy, reproduce or disclose any material, ideas, concepts, know-how or techniques without our prior approval in writing.
9.3 Copyright in any new material created during the course of the Program will belong to us.
9.4 You agree that you will not use any of our intellectual property, including without limitation our copyrighted and original materials, for your business purposes.
9.5 You shall not be authorized to share, copy, distribute, translate, or otherwise disseminate any materials received from us electronically or otherwise without the prior written consent from us.
9.6 No license to sell or distribute our materials is granted or implied by the enrolment or by the payment of any fees.
10 TRADE MARKS
10.1 Trade marks used on the Website belong to their respective owners. You must not use any trade mark displayed on the Website without the express written permission of us or the third-party owner.
11 USE OF THE SITE AND SERVICE
11.1 To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site and Service.
11.2 Information provided on the Site and in the Service are subject to change. We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content.
12 ACCOUNT CREATION
12.1 In order to use the Service, you will be required to provide information about yourself including your name, address, email address, username and password, and other personal information. You agree that any registration information you give to us will always be accurate, correct, and up to date.
12.2 You must not impersonate someone else or provide account information or an email address other than your own.
12.3 Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
13 LAWFUL PURPOSES
13.1 You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.
13.2 You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
13.3 You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
14 YOUR PERSONAL INFORMATION
14.1 Except as authorised by you in writing, or as otherwise provided in this Agreement, we will not disclose your personal information to anyone.
14.2 You give us permission to use, without remuneration, testimonials provided by you on our website.
14.3 You consent to our use of your contact details to maintain a professional relationship with you and to provide informative or marketing information to you by telephone, facsimile, email or direct mail.
15 LIMITATION OF LIABILITY
15.1 Despite any other provision of this Agreement and to the maximum extent permitted by law, we will not bear any liability to you for loss of profits, business opportunities, goodwill, and any indirect or consequential loss howsoever arising (including in negligence or for breach of any statutory duty).
15.2 By enrolling in the Program and using our services, you release us from any and all damages that may result from the provision of the services to you.
15.3 The Program is an educational/coaching service only.
15.4 You agree that you accept any and all risks, foreseeable or no foreseeable, arising from such services.
15.5 In any event, if we are found to be liable, our liability to you or to any third party is limited to the lesser of:
(i) the total fees you paid to us in the one month prior to the action giving rise to the liability; and
(ii) $200 AUD.
15.6 All claims against us must be lodged within 30 days of the date of the cause of action arising or otherwise the right of action is forfeited.
15.7 You agree that we will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of our services or enrolment in the Program.
15.8 You agree that you use our services at your own risk.
16 CHOICE OF LAW
16.1 The laws of the state of Queensland Australia will apply to this Agreement and to the provision of our Services.
17 TERMINATION OF THIS AGREEMENT
17.1 The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so.
17.2 We reserve the right to stop providing the Service and remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.
17.3 On termination of this Agreement you agree that any payments made are not refundable to you, and you are to pay all outstanding fees and to account to you for any work done up to the termination, and any interest accrued.
17.4 We may terminate this Agreement by giving you written notice if:
(a) you breach this Agreement;
(b) we consider that a request for a Service is inappropriate, improper or unlawful;
(c) we consider that our working relationship has broken down including a loss of confidence and trust;
(d) you fail to pay any amounts when they are due for payment or fail to provide any upfront money to be paid as required under this Agreement.
(e) you break the Members' Forum rules.
17.5 On termination of this Agreement 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. You must delete every copy of the product that you have downloaded as well as copies you have placed on other devices or media.
17.6 On completion of the Services, we will retain your documents (including copies) as required by law or regularity 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.
17.7 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
18 COSTS INDEMNITY
18.1 You indemnify us in against any loss (including legal costs on an indemnity basis) in respect of any action take to enforce the terms of this Agreement and against all claims arising directly or indirectly from any act, default, omission or neglect on your part or any claim brought by a third part supplier for payment or any other loss or damages claimed by that third party supplier.
19 WAIVER
19.1 Failure of any party at any time to insist on performance of any provision of this Agreement is not a waiver of that party’s rights to insist on performance of that or any other provision of this Agreement.
