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Terms & Conditions

This website is owned and operated by Vicki Simpson (She’s The Voice Inc - 93181040664). References in this website to “we”, “us” and “our” refer to Vicki Simpson and She’s The Voice Inc.

 

These Website Terms and Conditions (“Website T&Cs”) set out how you are able to use our website, access content available on our website (“Content”) and purchase or use any of the products (“Products”) and services (“Services”) available through the website, including but not limited to 1:1 Clarity and Mentoring Coaching Sessions, Group Coaching Sessions and the She’s The Voice Course. 

 

We hope that you find them useful and would be delighted to answer any questions you have about them. We can be contacted at vicki@vickisimpson.com

 

By accessing or using our website, you are taken to have agreed to these Website T&Cs [and our Privacy Policy]. You may also accept and agree to these Website T&Cs [and our Privacy Policy] by clicking to accept or agree where this option is made available to you on the website. 

 

Please note that we may vary or modify these Website T&Cs from time to time in our absolute discretion. Any changes to the Website T&Cs take immediate effect from the date of their publication. When accessing the website please check for the most up to date Website T&Cs. Before you continue, we recommend you keep a copy of the Website T&Cs for your records.  

 

We give you a licence to use our website

 

So that you can use our website, our Content and purchase our Products and Services, we grant you a limited, non-exclusive, non-transferrable and revocable licence to use our website in accordance with these Website T&Cs.  All other uses of our website are prohibited without our express written permission.

 

… but you can’t do certain things

 

To use our website, our Content and our Products or Services, we expect you to abide by a certain standard of behaviour. You must not:

  1. use our website or purchase our Products or Services if you are not of legal age to form a binding contract with us;

  2. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

  3. use our website, our Content or our Products or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; 

  4. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

  5. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; and

  6. without our prior consent, use data collected from our website, our Content or our Products or Services for any direct marketing activity (including without limitation email marketing, SMS marketing and direct mailing).

 

Intellectual property

 

Unless we indicate otherwise, please note that we own or licence all rights, title and interest (including intellectual property rights) in our website, our Content and our Products and Services. Your use of our website, our Content or our Products or Services does not grant or transfer to you any rights, title or interest in relation to our website, our Content or our Products or Services. 

 

You may not, without our prior written permission, broadcast, republish, upload to a third party, transmit, post, distribute or play in public, adapt or change in any way our website, our Content or our Products or Services for any purpose, unless otherwise provided by these Website T&Cs. This prohibition does not extend to materials on the website which are freely available for re-use or are in the public domain. 

 

You are prohibited from using our website, our Content or our Products or Services in any way that competes with our business.

 

You may need to register before you purchase our Products or Services

 

In order to purchase any of our Products or Services, you may first need to register as a user of the website. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including: name, email address, address and phone number. 

 

You warrant that any information you give to us 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”) and agree to be bound by all applicable provisions of these Website T&Cs. As a Member you will be granted immediate access to our Products and Services.

 

Your obligations as a Member 

 

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

  1. 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 your membership; and

  2. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware. 

 

Subject to local applicable laws, we reserve the right to discontinue or cancel your membership at any time.]

 

Payment

 

By purchasing a Product or Service through the website, you agree to pay the purchase price listed on the Website for the Product (the “Purchase Price”).

 

All payments made in connection with our website, our Content or our Products or Services are to be made via [credit card, direct debit or another payment method approved by us and made available through our website].

 

In making any payment in connection with our website, our Content or our Products or Services, you warrant that you have read, understood and agree to be bound by these Website T&Cs [and our Privacy Policy].

 

You acknowledge and agree that where a request for payment 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 non-payment.

 

Refunds and returns

 

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

 

We will only provide you with a refund in the event that we are unable to continue to provide the Services or if we make a decision, in our absolute discretion, that it is reasonable to do so under the circumstances.

 

Testimonials

 

We love to hear from you! If you provide us with a testimonial or review, you permit us to post or otherwise transmit the testimonial or review on our social media or other online channels. Of course, you can email us at vicki@vickisimpson.com if you would like a testimonial removed.

 

General disclaimer

 

You acknowledge that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products or Services other than provided pursuant to these Website T&Cs.

 

Of course, nothing in these Website T&Cs limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

 

Subject to the above, and to the extent permitted by law:

  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Website T&Cs are excluded; and

  2. we will not be liable for any special, indirect or consequential loss or damages (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee under the Australian Consumer Law), loss of profit or opportunity, or damage to goodwill arising out of or in connection with our website, our Content or our Products or Services, including as a result of not being able to use the Content, Products or Services or the late supply of the Content, Products or Services, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

Use of the website, our Content and our Products and Services is at your own risk. Everything on the website (including our Content and our Products) are provided to you “as is” and “as available” without warranty or condition of any kind. Neither we, nor any of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about our website or the Content, Products or Services referred to on the website.

 

Our liability is limited

 

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, un-ascertained, future or contingent (“Liability”) suffered by you or any third party, arising from or in connection with your use of our website, our Content or our Products or Services and/or any inaccessibility of, interruption to or outage of our website and/or any loss or corruption of data and/or the fact that our website or our Content is incorrect, incomplete or out-of-date. 

 

Our right to be indemnified

 

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our website, our Content or our Products or Services, or any breach of these Website T&Cs or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Website T&Cs, and continues after these Website T&Cs end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Website T&Cs.

 

Termination

 

The Website T&Cs will continue to apply until terminated by either you or by us, as set out below.

 

If you want to terminate these Website T&Cs, you may do so by:

  1. providing us with 10 days’ notice of your intention to terminate; and

  2. closing your accounts connected with our website, our Content or our Products or Services, where we have made this option available to you.

 

Your notice should be sent, in writing, to vicki@vickisimpson.com

 

We may at any time, terminate these Website T&Cs with you, if:

  1. you have breached any provision of the Website T&Cs or intend to breach any provision;

  2. we are required to do so by law; or

  3. the provision of the Content or our Products or Services to you by us is, in our opinion, no longer commercially viable.

 

Subject to local applicable laws, we may suspend or deny, in our sole discretion, your access to all or any portion of the website, our Content or our Products or Services without notice if you breach any provision of these Website T&Cs or any applicable law or if your conduct impacts our name or reputation or violates the rights of another party.

 

Jurisdiction and governing law

 

Use of our website, our Content and our Products and Services, and these Website T&Cs are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

 

If you access our website and you are based overseas, we do not represent that our website complies with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia).  

 

Independent legal advice

 

Both parties confirm and declare that the provisions of these Website T&Cs are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice declare that the Website T&Cs are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

 

If any part of these Website T&Cs are found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Website T&Cs shall remain in force.

 

If you have any questions about these Website T&Cs, we would be delighted to discuss them with you. You can contact us at vicki@vickisimpson.com 

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