Website Terms and Conditions of Use
1. ABOUT THE WEBSITE
1.1 Welcome to www.paulamaidens.com (Website). The Website is operated by PMM Trading Pty Ltd t/as Paula Maidens (ABN: 43 604 273 731) (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 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 Access to and use of the Website and the Available Services is provided by Paula Maidens. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
1.4 Paula Maidens reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Paula Maidens updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
3. Bookings
3.1 Paula Maidens requires Bookings to be made via the available booking system (Booking System).
3.2 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.
3.3 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.
3.4 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).
3.5 Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers).
3.6 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, exclusive amounts.
3.7 In making a purchase via 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. 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.
5. Delivery of course and license information
5.1 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).
5.2 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).
5.3 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.
5.4 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.
6. Course Refunds
6.1 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).
6.2 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.
7. Eproducts and Content
7.1 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.
7.2 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
8. Refunds and Returns
The Available Services are non-refundable. Please keep this in mind when making a purchase.
9. Events
9.1 Paula Maidens requires all bookings for events to be made via the third party ticketing platform provided (Ticketing Platform).
9.2 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.
9.3 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.
9.4 Paula Maidens will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event.
9.5 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.
9.6 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.
9.7 No refund will be available to you should the event be held online due to a pandemic.
10. Warranty
10.1 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.
10.2 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.
11. Disclaimer
11.1 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.
11.2 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.
12. Information Disclaimer
12.1 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.
12.2 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.
12.3 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.
13. Copyright and Intellectual Property
13.1 The Website, the Available Services and all of the related products of Paula Maidens are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Available Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Available Services are owned or controlled for these purposes, and are reserved by Paula Maidens or its contributors.
13.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Paula Maidens, which grants you a worldwide, non-exclusive, royalty-free, revocable license to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
13.3 Paula Maidens does not grant you any other rights whatsoever in relation to the Website or the Available Services. All other rights are expressly reserved by Paula Maidens.
13.4 Paula Maidens retains all rights, title and interest in and to the Website and all related Available Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
13.5 You may not, without the prior written permission of Paula Maidens and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Available Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
14. Privacy
Paula Maidens takes your privacy seriously and any information provided through your use of the Website and/or Available Services are subject to Paula Maidens' Privacy Policy, which is available on the Website.
15. General Disclaimer
15.1 Nothing in the Terms 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.
15.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Paula Maidens will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Available Services or these Terms (including as a result of not being able to use the Available Services or the late supply of the Available Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
15.3 Use of the Website and the Available Services is at your own risk. Everything on the Website and the Available Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Paula Maidens make any express or implied representation or warranty about the Available Services referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website or the Available Services; and
(c) costs incurred as a result of you using the Website or the Available Services.
16. Third Party Services
The Available Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Paula Maidens does not control any Third-Party Services. Paula Maidens additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Available Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Paula Maidens will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.
17. Limitation of liability
17.1 Paula Maidens' total liability arising out of or in connection with the Available Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Available Services to you
17.2 You expressly understand and agree that Paula Maidens, 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.
18. User Generated Content
18.1 If you choose to contribute any content to the Website or any other platform operated by Paula Maidens, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
18.2 By contributing content to the Website or any other platform operated by Paula Maidens, you grant Paula Maidens a perpetual, worldwide, royalty-free, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Paula Maidens.
18.3 Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Paula Maidens can use that information with Your Content for advertising and promotional purposes, or any other business purpose, subject to our Privacy Policy and applicable privacy laws including the Privacy Act 1988 (Cth).
18.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Paula Maidens social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Paula Maidens. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
18.5 Please ensure you keep your own copies of Your Content as Paula Maidens may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
18.6 Paula Maidens will endeavour to provide you with an appropriate credit when using Your Content on Paula Maidens platforms, though you understand and agree this may not always be possible.
18.7 Paula Maidens reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
19. Mailing List Registration
19.1 You may be given the option to register for the Paula Maidens Mailing List (Mailing List).
19.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address.
19.3 If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Paula Maidens. You may unsubscribe from these communications at any time, and we will comply with the Spam Act 2003 (Cth) in our communications with you.
20. Indemnity
20.1 You agree to indemnify Paula Maidens, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
21. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Queensland, Australia.
22. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Queensland, Australia.
23. Independent Legal Advice
Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.
24. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.