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Lacey Barratt, ABN 55 154 786 412
trading as, Trustee for Beautiful Chaos Trust, (referred to as “we”, “us” or “our”) owns the website available at www.birthphotographer.com.au (Site) and is the provider of the e-Course, Exposing Birth Photography, (e-Product).
Lacey Barratt operates in accordance with Australian Competition and Consumer Law.
If you work through the content including the e-course and you are not totally happy with this e-Product you can cancel your e-Product membership within 30 days of your payment and receive a refund, minus a 10% admin fee of the full purchase price to financial administration costs. Pro-rata refunds cannot be provided on monthly or yearly memberships ie the live platform and Masterclasses.
You must demonstrate that you have participated in the e-Product by completing at least three modules before requesting a cancellation of your membership and refund.
You request for cancellation of your e-Product membership must be in writing by notifying firstname.lastname@example.org within 30 days from the purchase date including photographic proof a completion of at least three modules.
We will reply by email within 2 business days to inform you whether your request for cancellation and a refund has been approved. If your request is approved, an electronic refund will be issued within 14 working days from date of approval.
For any questions or queries please contact
Payment cancellations on all e-courses are not permitted as the content is digital in nature. When you purchase any course/coaching or product/workshop that requires a payment plan/option, you enter a contract for the length of your chosen payment option. Payments are unable to be cancelled due to financial hardship, change of mind etc. However we endeavor to work with you to find a financial plan that enables you to fulfil your financial commitment as well as still participate in your chosen service/product. When you check out, you agree that your chosen payments are affordable and do not cause financial strain on your family or finances.
Lacey Barratt ABN 55 154 786 412
trading as Trustee for Beautiful Chaos Trust (referred to as “we”, “us” or “our”) owns the website available at www.birthphotographer.com.au (Site) and is the provider of the e-Course, Exposing Birth Photography (e-Product).
“You” or “your” refers to any participant in the e-Product and any visitor of our Site.
1 Copyright and Intellectual Property rights
The written, audio and video materials that we provide to you throughout the e-Product and otherwise make available on the Site, contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
We grant you a non-perpetual, non-exclusive, revocable, worldwide and non-transferable right and licence to print, download and use our Materials for the purpose of personal, non-commercial use only.
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 ownership 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:
2 Distribution of Materials
No part of the Materials, is intended to be distributed, and should not be reproduced, stored or transmitted by any person or entity, including internet search engines or retailers, in any form or by any means, electronic or mechanical, including photocopying (except under the statutory exceptions provisions of the Australian Copyright Act 1968), recording, scanning or by any information storage and retrieval system without our prior written permission.
3 Use of Materials
You agree to use the Materials at your own risk. We will not be liable for loss resulting from any action or decision by you in reliance on the information available through the e-Product or in the Materials.
4 Use of Information
All the information, insights or guidance (Information) supplied during the e-Product, or contained within any of our Materials, which may be created by us or a third party, are based on personal experiences and anecdotal evidence.
The Information in our Materials, whether provided by us or any other third party, is provided for your convenience and general information. It is not intended to be individual advice, a recommendation or an endorsement of the content, individual, organisation or information.
Such Information is intended to be general information only and not a replacement for legal, financial, accounting, tax or other professional advice, and should not be relied on for any legal, financial, accounting, taxation or business structuring purposes.
It does not create an advisory relationship with us. The information is not intended for any particular group of people, in any location, state or country. It is not a substitute for any professional advice based on your personal, business or financial circumstances. You are encouraged to make your own inquiries and seek independent professional advice from qualified professionals.
We do not make any representation or warrant that any information supplied through the e-Course in our Materials by us, third parties, any other parties and/or our members will be reliable, accurate or complete.
The information supplied is based on the availability of information at the time of publishing. We do not accept any responsibility which may arise from errors or omissions, or any failure of technology, individual or organisation, which may cause the information to be incorrect and/or inconsistent.
5 Limitation of Liability
To the fullest extent permitted by law, no representation or warranty (express or implied) is given, and no responsibility or liability (including in negligence) is accepted, by us as to the truth, accuracy or completeness of any statement, opinion, forecast, information or other matter (whether express or implied) contained in any Materials or as to any other matter concerning us.
To the fullest extent permitted by law, we accept no responsibility or liability (including in negligence):
made available through our e-Product, on our Site and in our Materials, or any other communication (oral or written) about or concerning us.
6 Third Party Service Providers
From time to time, either throughout the e-Product, on our Site or in our Materials, we may provide some general business recommendations for providers of third party services who are not our employees or director contractors (Third Party Service Providers). We provide no guarantees and accept no responsibility for the quality of services provided by such Third Party Service Providers.
We have the right to amend or remove any Materials or Information provided through our e-Product at our sole discretion without notice to you. We will not accept any responsibility nor liability for any loss, damage or inconvenience caused to you as a result of any amendments or removal of Materials of Information.
If you have any questions about the information contained in this disclaimer, or if you encounter any problems or incorrect information in the Materials, please contact us at email@example.com.
Updated: 18 May 2018
This website is owned and operated by Lacey Barratt ABN 55 154 786 412, its successors and assignees (we, our or us). It is available at birthphotographer.com.au (Site) and may be available through other addresses or channels. It is used to sell and deliver our program the e-Course, Exposing Birth Photography and other various Masterclasses, Mock Births and e-learning resources for the birth photographer and documentarian.
Please read these Terms carefully.
If you have any questions, please contact us using the contact details below.
Your use of the Site indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms.
4.Licence 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 these Terms. All other uses are prohibited without our prior written consent. You will not use the Services, Content or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of the e-Course Exposing Birth Photography.
You must not:
10.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.
11.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.
12.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.
13.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 of or access to, 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.
14.Disclaimer: The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or 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:
You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
18.Enforceability: If any provision of these 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 these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
19.Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
20.Termination: These 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 these Terms and limitations of liability set out in the Terms will survive.
21.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.
Last update: 18 May 2018
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