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Purchase Terms and Conditions

Jennifer Rudd t/as Skincare Business Foundations

Thank you for choosing Skincare Business Foundations!

These terms and conditions govern your purchase (Terms and Conditions)

By clicking “accept” you agree to these Terms and Conditions.

  1. Available Services

1.1 The website www.skincarebusinessfoundations.com.au (Website) is operated by Jennifer Rudd t/as Skincare Business Foundations (abn: 98485958070) (Skincare Business Foundations). Access to and use of the Website, or any of its associated courses or services is provided by Skincare Business Foundations.

1.2 The Website provides you with an opportunity to browse and purchase various self-guided online courses (Course/s), bookings for Skincare Business Foundations services (Bookings) that have been listed for sale through the Website. The Website additionally offers you the opportunity to browse Skincare Business Foundations services (Services). The Website provides this service by way of granting you access to the content on the Website (Available Services).  The Website also provides you with the opportunity to access and download free digital products (E-Products).

1.3 You have agreed to make a Booking or proceed with a purchase of a Course through the Website.

1.4 These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and Services information page (Information Page) of the Website.

  1. Acceptance of the Terms and Conditions

2.1 You accept the Terms and Conditions by remaining on the Website. You may also accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions where this option is made available to you by Skincare Business Foundations in the user interface.

  1. Personal Information

3.1 When purchasing the Services, you will be required to provide personal information such as your full name, password and e-mail address.

3.2 You agree that all details that you have provided in completing the purchase are true and correct.

3.3 Your personal information is kept in accordance with the Skincare Business Foundations Privacy Policy (Privacy Policy) which can be accessed which is available on the Website.

  1. Registration to use the Available Services

4.1 In order to access the Available Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Available Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

  • E-mail Address
  • Password
  • ABN/ACN
  • Address

4.2 You warrant that any information you give to Skincare Business Foundations in the course of completing the registration process will always be accurate, correct and up to date.

4.3 Where applicable, once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

4.4 You may not use the Available Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with Skincare Business Foundations; or
  • you are a person barred from receiving the Available Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Available Services.
  1. Your obligations as a Member

5.1 As a Member, you agree to comply with the following:

5.2 You will use the Available Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) 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 Available Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Skincare Business Foundations of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Skincare Business Foundations providing the Available Services;

(f) you will not use the Available Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) 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 Available Services. Appropriate legal action will be taken by Skincare Business Foundations for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Available Services is prohibited.

  1. Purchase of Course and Returns Policy

6.1 In using the Available Services to purchase the Courses through the Website, you will agree to the payment of the purchase price listed on the Website for the Courses (Purchase Price).

6.2 Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).

6.3 In using the Available 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 Providers.

6.4 The Courses are non-refundable. Please keep this in mind when making a purchase.

6.5 Following payment of the Purchase Price being confirmed by Skincare Business Foundations, you will be issued with a receipt to confirm that the payment has been received and Skincare Business Foundations may record your purchase details for future use.

6.6 You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

6.7 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

6.8 In the event that you are making payment under a payment plan, and any payment under the Terms is not made in full on the due date, Skincare Business Foundations is entitled to charge you interest at the rate of 5% per annum, calculated daily.

6.9 You agree that if you default on any payments due and payable under the Terms, any costs incurred by Skincare Business Foundations for steps taken to enforce payment terms will be recoverable and payable by you.

  1. Bookings of Services

7.1 Skincare Business Foundations requires all bookings and purchases for the Services to be made via the available booking system (Booking System).

7.2 If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.

7.3 If you choose to proceed with the Services, you will be bound by the terms and conditions provided to you at the point of purchase.

7.4 In using the Available Services to book the Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Services (Purchase Price).

7.5 Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers)

7.6 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

7.7 In using the Available 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 Providers.

7.8 Following payment of the Purchase Price being confirmed by Skincare Business Foundations, you will be issued with a receipt to confirm that the payment has been received and Skincare Business Foundations may record your purchase details for future.

7.9 In the event that any payment under these Terms and Conditions is not made in full on the due date, Skincare Business Foundations is entitled to charge You interest at the rate of 5% per annum, calculated daily.

7.10 You agree that if You default on any payments due and payable under these Terms and Conditions, any costs incurred by Skincare Business Foundations for steps taken to enforce payment terms will be recoverable and payable by You.

  1. Cancellation, Termination and Refunds

8.1 General Cancellation and Refunds

(a) You must notify Skincare Business Foundations of an intention to cancel the Services or your involvement in the Courses as soon as practicable through e-mail to hello@skincarebusinessfoundations.com.au and abide by the following (Cancellation Policy).

(b) All Services and Courses are non-refundable. This means that if you wish to terminate your involvement, all unpaid amounts of the Purchase Price are non-refundable.

(c) For the sake of clarity, where applicable if you have chosen to pay through a payment plan and you wish to terminate the Courses early, Skincare Business Foundations reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Courses will be revoked.

(d) Skincare Business Foundations reserves the right to terminate your involvement in the Courses for breach of these Terms with 7 days’ notice by e-mail.

(e) If Skincare Business Foundations terminates the Courses, you agree to pay Skincare Business Foundations for the portion of the Courses completed up to the date and time of termination.

8.2 Cancellation and Rescheduling of Services

(a) Both Parties agree to reschedule any one-on-one sessions or scheduled calls in writing.

(b) Skincare Business Foundations understands that things change, and therefore if you need to make a request to alter a scheduled session time you agree to provide at least 2 business days notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Purchase Price involved.

(c) All inclusions purchased must be redeemed within 12 months from the date of the initial booking.

    1. Delivery of Course and Licence Information

    If you are purchasing a Course that include access to an online platform the following clauses will apply.

    9.1. Where applicable, a Course purchase may grant to you access to the Course through an online course platform as provided (Member Portal).

    9.2 When you purchase a Course through the Website, Skincare Business Foundations grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).

    9.3 The Licence is valid for the Course term outlined in the Course information page of the relevant Course (Licence Term). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire and You will no longer be able to access the Course.

    9.4 The Courses are intended for single use only within the licence Term. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Course materials, digital resources, and access to any other aspect of the Course. 

    1. Warranty

    10.1 Skincare Business Foundations will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Skincare Business Foundations makes no warranty that the Services or the Courses will meet your requirements or that all clients will achieve the same outcome.

    10.2 The Courses and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to cancel your contract with Skincare Business Foundations, and are entitled to a refund for the unused portion, where applicable. A major failure with the Course or Service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

    1. Disclaimer

    11.1 You are solely responsible for creating and implementing Your own business, financial, and marketing decisions, choices, actions and results arising out of or resulting from the Services or the Courses. As such, You agree that Skincare Business Foundations is not and will not be liable or responsible for any actions or inaction, including effects on Your business or for any direct or indirect result of any Courses or Services provided by Skincare Business Foundations, or access to any of the Available Services.

    11.2 You understand that the Courses, Services and Available Services and any information You receive from Skincare Business Foundation are not a substitute for legal, business or financial advice. Skincare Business Foundations recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided by Skincare Business Foundations. Business Skincare Foundations will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.

    1. Information Disclaimer

    12.1 Any information, advice, content or documentation provided on the Website, through the Courses, Services, E-Products, blog, podcast, or through any accompanying materials, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.

    12.2 All care is taken in the preparation of the information and published materials on the Website, through the Courses, E-Products, blog, podcast, or through any accompanying materials, social media accounts, podcast, or on any other related platform. Skincare Business Foundations does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

    12.3 To the extent permissible by law, Skincare Business Foundations will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Courses, E-Products, blog, podcast, and through the any accompanying materials, social media accounts or on any other related platform.

    1. Liability and waivers

    13.1 Liability

    (a) Skincare Business Foundations’ total liability arising out of or in connection with the Services, the Courses or the Available Services, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services or the Courses to you.

    (b) You expressly understand and agree that Skincare Business Foundations, its affiliates, employees, agents, contributors and licensors will 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 will 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.

    13.2 Waivers

    (a) A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

    (b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

    1. Disclosure and Use of Confidential Information

    (a) Confidential information means any information that is:

    (i) processes, methodologies, statements, formulae, trade secrets, information (and copies and extracts made of or from that information and data) that is not in the public domain; and

    (ii) confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information (Confidential Information).

    (c) All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services.

    (d) Skincare Business Foundations must not disclose any Confidential Information to any third party without your prior consent.

    (e) These Terms and Conditions prohibits the disclosure of Confidential Information by Skincare Business Foundations with exception to the following circumstances:

    (i) the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and Conditions and you have consented to the disclosure of such information to the professional adviser;

    (ii) the disclosure is required by applicable law or regulation; or

    (iii) if the confidential information is already in the public domain at no fault of Skincare Business Foundations.

    1. Copyright and Intellectual Property Rights

    (a) You agree that any works, documentation, materials, Services content, creative works or information of whatever nature produced or developed by Skincare Business Foundations or under Skincare Business Foundations’ direction pursuant to or in the course of providing the Services or the Courses, or the Available Services, will remain the sole and complete property of Skincare Business Foundations, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).  For the sake of clarity, you are not permitted to share any material shared by Skincare Business Foundations with any third-party without the prior written consent of Skincare Business Foundations.

    (b) There is no assignment of Intellectual Property Rights by Skincare Business Foundations to you pursuant to these Terms and Conditions.

    (c) Nothing in these Terms and Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.

    1. Dispute Resolution & Mediation

    If a dispute arises out of or relates to the terms of these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.

    1. Force Majeure

    (a) If circumstances beyond Skincare Business Foundations’s control prevent or hinder its provision of the Services, Skincare Business Foundations is free from any obligation to provide the Services while those circumstances continue. Skincare Business Foundations may elect to terminate these Terms or keep these Terms and Conditions current until such circumstances have ceased.

    (b) Circumstances beyond Skincare Business Foundations’ control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

    (c) For the sake of clarity, if in Skincare Business Foundations’s reasonable opinion, the provision of the Services will be affected by a pandemic, Skincare Business Foundations may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Skincare Business Foundations will not be liable for any losses or damage due to a pandemic. If You choose to terminate these Terms and Conditions due to a pandemic, the relevant cancellation or termination clause will apply. 

    1. Indemnification

    You hereby indemnify and agree to keep indemnified Skincare Business Foundations against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

    1. Marketing

    You agree that any testimonials that may be provided by you from time to time may be used by Skincare Business Foundations for marketing purposes. Skincare Business Foundations will remove all identifying information before sharing a testimonial.

    1. Governing Law & Jurisdiction

    These Terms and Conditions are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to the Available Services or the Services, Skincare Business Foundations agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Queensland, Australia.

    1. No partnership or agency

    Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

    1. Assignment

    These Terms and Conditions may not be assigned without the consent of both parties.

    1. Variation

    These Terms and Conditions may not be changed or modified in any way except in writing.

    1. Severance

    Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction will be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions.

    1. Entire Agreement

    These Terms and Conditions constitute the entire agreement of the parties in respect of the matters dealt with in these Terms and Conditions and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in these Terms and Conditions.

    Last updated 13 June 2024