Thank you for choosing Paula Maidens.
These purchase terms and conditions govern your purchase (Terms and Conditions)
By clicking “accept” you agree to the terms and conditions set out below.
1. PURCHASE SERVICES
1.1. The website www.paulamaidens.com (Website) is operated by Paula Maidens t/a Paula Maidens (ABN: 43 604 273 734). Access to and use of the Website, or any of its associated products or services, is provided by Paula Maidens.
1.2. The Website provides you with an opportunity to browse Paula Maidens’ services, purchase various self-guided online courses (Course), make paid bookings for Paula Maidens services and make bookings for a free call (Bookings), access and download various content (Content) and Eproducts (Eproducts), access event tickets from time to time (Event Tickets), that have been listed for sale through the Website (collectively referred to the Available Services).
1.3. You have agreed to make a purchase through the Website.
1.4. These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and applicable information page (Information Page) of the Website.
2. Acceptance of the Terms AND CONDITIONS
You accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions and by proceeding with your purchase.
3. Personal Information
3.1. When making a purchase, you will be required to provide personal information such as your full name, ABN 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 Paula Maidens’ Privacy Policy (Privacy Policy), which can be accessed on the Website.
4. Making a Purchase
4.1. In using the Website to make a purchase, you agree to the payment of the purchase price listed on the relevant Information Page (Purchase Price).
4.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
4.3. In using the Website, 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.
4.4. 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.
4.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999.
4.6. In the event that you are making payment under a payment plan, if a payment is not made in full on the due date, Paula Maidens may charge you interest at the rate of 5% per annum, calculated daily.
4.7. You agree that if you default on any payments due and payable, any costs incurred by Paula Maidens for steps taken to enforce payment terms will be recoverable and payable by you.
5. Bookings
5.1. Paula Maidens requires Bookings to be made via the available booking system (Booking System).
5.2. 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.
5.3. If you choose to proceed with making a Booking, you will be bound by the terms and conditions provided to you at the point of purchase.
5.4. In using the Website to make a paid Booking, you will agree to the payment of the purchase price listed on the Website for the respective Booking (Purchase Price).
6. Cancellation and Rescheduling of Bookings
Paula Maidens understands that things change and therefore if you need to make a request to alter your Booking time you agree to provide at least 2 business days notice. Unfortunately, if you have to make changes within 2 business days of your Booking, you may forfeit the Booking and the Purchase Price involved.
7. Delivery of Course and Licence Information
7.1. Each Course purchase grants to you access to the Course through the online course platform provided or other platforms used from time to time (Member Portal).
7.2. When you purchase a Course through the Website, Paula Maidens 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).
7.3. 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.
7.4. The Courses are intended for use in a single use only. 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.
8. Course Refunds
8.1. You must notify Paula Maidens of an intention to cancel your involvement in the Course as soon as practicable through e-mail to hello@paulamaidens.com and abide by the following (Cancellation Policy).
8.2. 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.
9. Eproducts and Content
9.1. Eproducts and Content are made available for download via the Website, and/or are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact hello@paulamaidens.com.
9.2. Paula Maidens will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct or Content.
10. Refunds and Returns
The Available Services are non-refundable. Please keep this in mind when making a purchase.
11. Events
11.1. Paula Maidens requires all bookings for events to be made via the third party ticketing platform provided (Ticketing Platform).
11.2. If you choose to create an account with the Ticketing Platform, you acknowledge and agree to be bound by the terms and conditions of use, privacy policy and other relevant legal documentation provided by the Ticketing Platform.
11.3. If an event is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, refunds may be issued. Paula Maidens will communicate with ticket holders directly, or via the Ticketing Platform. Event tickets are not refundable in any other circumstances unless otherwise agreed.
11.4. Paula Maidens will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event.
11.5. Tickets may be transferred to another suitable attendee which is subject to Paula Maidens consent, or upon agreement, may be transferred or credited to a future Event. To request consent, you must make a request in writing by email to paula@paulamaidens.com.
11.6. If at Paula Maidens’ sole discretion, Paula Maidens forms the opinion that it is unable to provide an event in person due to a pandemic, the event may be converted to an online format.
11.7. No refund will be available to you should the event be held online due to a pandemic.
12. Warranty
12.1. Paula Maidens will make its best efforts and take all reasonable steps to help you achieve the desired results. However, Paula Maidens makes no warranty that any of the Available Services will meet your requirements or that all participants will achieve the same results.
12.2. The Available Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Available Services, you are entitled to cancel your contract with Paula Maidens, and where applicable, are entitled to a refund for any unused portion. A major failure with the 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.
13. Disclaimer
13.1. You are solely responsible for creating and implementing your own business, financial, legal, marketing, physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Website or the Available Services and Your interactions with Paula Maidens. As such, You agree that Paula Maidens is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any services provided by Paula Maidens.
13.2. You understand that the Website and the Available Services, and any information You receive through Your involvement in the Available Services, or through any materials and documents provided to You are not a substitute for legal, business or financial advice. Paula Maidens recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Available Services. Paula Maidens will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.
14. Information Disclaimer
14.1. Any information, advice, content or documentation provided on the Website or through the Available Services, social media accounts, or on any other related platform do not constitute professional, financial, legal, business or other advice, and are provided for general information and guidance purposes only.
14.2. All care is taken in the preparation of the information and published materials on the Website and through the Available Services, accompanying Course materials, social media accounts, podcast, or on any other related platform. Paula Maidens does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
14.3. To the extent permissible by law, Paula Maidens 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 Available Services, accompanying Course materials, social media accounts or on any other related platform.
15. Liability and Waivers
15.1. Liability
Paula Maidens’ total liability arising out of or in connection with the Available Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the applicable Available Services to You.
15.2. Waivers
(a) A waiver of any right, power or remedy under these Terms and Conditions 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 and Conditions does not amount to a waiver.
16. 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).
(b) Paula Maidens will not disclose any Confidential Information to any third party without your prior consent.
(c) These Terms and Conditions prohibit the disclosure of Confidential Information by Paula Maidens with the 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 Paula Maidens.
17. Copyright and Intellectual Property Rights
(a) You agree that any works, documentation, materials, content, creative works or information of whatever nature produced or developed by Paula Maidens or under Paula Maidens’ direction pursuant to or in the course of providing the applicable Available Services to You will remain the sole and complete property of Paula Maidens.
(b) There is no assignment of intellectual property rights by Paula Maidens 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.
18. 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.
19. Indemnification
You hereby indemnify and agree to keep indemnified Paula Maidens 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.
20. Marketing
You agree that, with the exception of your confidential information, any material that may be provided by you (directly or indirectly, including via social media platforms) from time to time may be used by Paula Maidens for marketing or promotional purposes, including testimonials, photographs or videos. Where applicable, You authorise Paula Maidens to use Your logo and/or business name associated with the use of any testimonial, photographs or videos. For the avoidance of doubt, Paula Maidens will not share any confidential information about you or your business without your express consent.
21. 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 Purchase Services or the Services, Paula Maidens agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Queensland, Australia.
22. 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.
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 is prohibited or unenforceable in any jurisdiction, will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions.
25. 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 supersede all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in these Terms and Conditions.