Course Purchase Terms and Conditions

Cassandra Irvin Functional Health

Course Purchase Terms and Conditions

Thank you for choosing Cassandra Irvin Functional Health!

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

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

 

1. Course

   • Welcome to cassandrairvin.com.au (Website). The Website is operated by Cassandra Irvin Functional Health Pty Ltd (abn: 19 672 478 974) (Cassandra Irvin Functional Health). The Website provides you with an opportunity to browse and purchase a group course (Course) offered by Cassandra Irvin Functional Health.
   • Access to and use of the Website or any of its associated products or services is provided by Cassandra Irvin Functional Health.
   • You have agreed to purchase the Course through the Website.
   • These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and Course information page (Information Page) of the Website.

 

1. Acceptance of the Terms and Conditions

You accept the Terms and Conditions by proceeding with the purchase of the Course and by clicking to accept the Terms and Conditions where this option is made available to you.

3. Personal Information

   • When purchasing the Course, you will be required to provide personal information such as your full name, password and e-mail address.
   • You agree that all details that you have provided in completing the purchase are true and correct.
   • Your personal information is kept in accordance with Cassandra Irvin Functional Health’s Privacy Policy (Privacy Policy) which can be accessed on the Website.

 

3. Registration for the Course

   • In order to access the Course, 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 Course, 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
   • You warrant that any information you give to Cassandra Irvin Functional Health in the course of completing the registration process will always be accurate, correct and up to date.
   • Once you have completed the registration process, you will be a registered member of the Website (Member).
   • You may not purchase the Course if you are not of legal age to form a binding contract with Cassandra Irvin Functional Health.

 

3. Your obligations as a Member of the Website

   • As a Member, you agree to comply with the following:
   • You will use the Website only for purposes that are permitted by:
     • these Terms and Conditions and the associated Website terms and conditions;
     • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
     • 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 Course;
     • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Cassandra Irvin Functional Health of any unauthorised use of your password or email address or any breach of security of which you have become aware;
     • 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 Cassandra Irvin Functional Health providing the Course;
     • you will not use the Course 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; and
     • 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 Course. Appropriate legal action will be taken by Cassandra Irvin Functional Health for any illegal or unauthorised use of the Website.

 

6. Purchase of Course and Returns Policy

   • In using the Website to purchase the Course, you will agree to the payment of the purchase price listed on the Website for the Course (Purchase Price).
   • Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
   • In purchasing the Course, 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.
   • 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.
   • 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 Where the services are provided outside Australia, GST is inapplicable.
   • In the event that you are making payment under a payment plan, and any payment under the Terms and Conditions is not made in full on the due date, Cassandra Irvin Functional Health is entitled to charge you interest at the rate of 5% per annum, calculated daily.
   • You agree that if you default on any payments due and payable under the Terms and Conditions, any costs incurred by Cassandra Irvin Functional Health for steps taken to enforce payment terms will be recoverable and payable by you.
   •  

7. Delivery of Course and Licence Information

   • Each Course purchase grants you access to the Course through the online course platform provided or other platforms used from time to time (Member Portal).
   • When you purchase a Course through the Website, Cassandra Irvin Functional Health grants you a limited, revocable, non-exclusive, non-sublicensable, 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).
   • The Licence is valid for 12 months (Licence Term), notwithstanding that the Course term as outlined on the Course information page on the Website is less than 12 months. This means the Course and content will be viewable for 12 months in total. After this time the access will expire and you will no longer be able to access the Course.
   • 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.

 

6. Course Refunds

   • You must notify Cassandra Irvin Functional Health of an intention to cancel your involvement in the Course as soon as practicable through e-mail to [email protected] and abide by the following (Cancellation Policy).
   • The Course is non-refundable. This means that if you wish to terminate the Course early, all unpaid amounts of the Fees are non-refundable.
   • For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Cassandra Irvin Functional Health reserves the right to immediately collect all outstanding amounts of the Fees without notice by charging your method of payment, and your access to the Course will be revoked.
7. Group Course Participation
   • As a participant in a group Course (Participant), you expressly agree that you will not, through any means:

• harm, harass, hassle or abuse other Participants; or
• send un-welcomed communication such as spam to other Participants; or
• act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
• infringe the intellectual property or privacy rights of any Participant or any third-party.
  • Cassandra Irvin Functional Health, at its discretion, reserves the right to remove, edit or alter any content created by you in the Member Portal or any other platform utilised in the delivery of the Course.
  • Cassandra Irvin Functional Health retains the right to deny you access to the Course at any time for breach of these Terms and Conditions.

 

10. Warranty

    • Cassandra Irvin Functional Health will use her best efforts and take all reasonable steps to help you achieve the desired results. However, Cassandra Irvin Functional Health makes no warranty that the Course will meet your requirements or that all participants will achieve the same results.
    • The Course comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Course, you are entitled to cancel your contract with Cassandra Irvin Functional Health and are entitled to a refund for the unused portion. A major failure with the Course 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.

 

10. Disclaimer

    • You are solely responsible for creating and implementing your own health decisions, choices, actions and results arising out of or resulting from the Course and/or your involvement in the Course, and/or interactions with Cassandra Irvin Functional Health . As such, you agree that Cassandra Irvin Functional Health is not and will not be liable or responsible for any actions or inaction, including effects on your business, personal life, or for any direct or indirect result of any involvement in a Course provided by Cassandra Irvin Functional Health.
    • You understand that the Course, and any information you receive through your involvement in the Course, or through any materials and documents provided to you, are not a substitute for professional therapy, counselling, medical or psychological advice. Cassandra Irvin Functional Health recommends you seek your own independent professional advice before relying on any information, tools, case examples, or guidance provided through a Course. Cassandra Irvin Functional Health will not be liable in any way for your use of, or reliance upon, the information or material provided to you.
11. Information Disclaimer
    • Any information, advice, content or documentation provided in the Course or on a related platform does not constitute professional, counselling, medical, psychological, financial, business or other advice, and is provided for general information and guidance purposes only.
    • All care is taken in the preparation of the information and published materials in the Course. Cassandra Irvin Functional Health does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
    • To the extent permissible by law, Cassandra Irvin Functional Health 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 in the Course.
12. Liability and waivers
    • Liability

Cassandra Irvin Functional Health’s total liability arising out of or in connection with the Course or these Terms and Conditions, however arising, including under contract, tort (excluding negligence), in equity, under statute or otherwise, will not exceed the resupply of the Course to You.

• Waivers
• A waiver of any right, power or remedy under these Terms and Conditions must be in writing and 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.
• The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.

 

14. Disclosure and Use of Confidential Information

Confidential information means any information that is not in the public domain; and

• 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).
• All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of the Course.
• Cassandra Irvin Functional Health must not disclose any Confidential Information to any third party without your prior consent.
• These Terms and Conditions prohibit the disclosure of Confidential Information by Cassandra Irvin Functional Health with the exception of the following circumstances:
• 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;
• the disclosure is required by applicable law or regulation; or
• if the confidential information is already in the public domain at no fault of Cassandra Irvin Functional Health.

 

15. Copyright and Intellectual Property Rights

    • You agree that any works, documentation, materials, Course content, creative works or information of whatever nature produced or developed by Cassandra Irvin Functional Health  or   under Cassandra Irvin Functional Health’s direction pursuant to or in the course of providing the        Course will remain the sole and complete property of Cassandra Irvin Functional Health, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
    • There is no assignment of Intellectual Property Rights by Cassandra Irvin Functional Health to you pursuant to these Terms and Conditions and/or in the delivery of the Course.
    • Nothing in these Terms and Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.

 

15. 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.

 

17. Force Majeure

    • If circumstances beyond Cassandra Irvin Functional Health’s control prevent or hinder the provision of the Course, Cassandra Irvin Functional Health is free from any obligation to provide the Course while those circumstances continue. Cassandra Irvin Functional Health may elect to terminate these Terms and Conditions or keep them current until such circumstances have ceased.
    • Circumstances beyond Cassandra Irvin Functional Health’s 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.
    • For the sake of clarity, if, in Cassandra Irvin Functional Health’s reasonable opinion, the provision of the Course will be affected by a pandemic, Cassandra Irvin Functional Health may suspend the provision of the Course in part or in whole to You indefinitely. Additionally, Cassandra Irvin Functional Health 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 cancellation and termination clause will apply.

 

17. Indemnification

You hereby indemnify and agree to keep indemnified Cassandra Irvin Functional Health 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 Intellectual Property as outlined above.

19. Marketing

You agree that any testimonials that may be provided by you from time to time may be used by Cassandra Irvin Functional Health for marketing purposes.

 

20. Governing Law & Jurisdiction

These Terms and Conditions are governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Course or the Website, the parties agree that the exclusive venue for resolving any dispute will be in New South Wales.

 

21. 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.

22. Assignment

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

 

23. Variation

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

 

24. Severance

Any provision of these Terms and Conditions which are unenforceable will be ineffective to the extent of the unenforceable provision only and will not invalidate the remaining provisions of these Terms and Conditions or affect the validity of the remainder of these Terms and Conditions.

 

25. Entire Agreement

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