1. Acceptance 

1. This website (Site) is operated by VL & JL Pty Ltd TA Centre for Effective Living/Centre for Effective Serving (ABN: 51 168 831 114) (we, our or us). It is available at: https://www.valerieling.com/ and may be available through other addresses or channels. 
2. By accessing and/or using the Site you: 
   1. warrant to us that you have reviewed these terms and conditions (Terms) and you have read our Privacy Policy (available on the Site); 
   2. warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and
   3. agree to use the Site in accordance with the Terms.
3. You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.

2. Registration

1. You are required to create an account in order to purchase products from us. All personal information that you give to us will be treated in accordance with our Privacy Policy.
2. When you make a purchase, you will be asked to input basic contact information such as your name, email, phone address and payment details and if you choose to create an account, you will choose a username and password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

3. Orders

1. You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including other applicable charges and taxes) at the time you place your order.
2. We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
3. Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
4. It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
5. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, billing addresses and a description of what was ordered.

4. Price and payments

1. You must pay us the purchase price of each product you order as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). 
2. You must pay the Price using one of the methods set out on the Site, such as Stripe, PayPal. 
3. When purchasing our products that require a subscription payment method, you must pay us the fee for your subscription and any other amount payable to us under these Terms, without set off or delay via credit card or any other payment methods set out on the Site in advance of the next billing cycle for your subscription. You are responsible for reviewing the pricing schedule, inclusions and exclusions associated with your subscription.
4. When you sign up for a subscription, we may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
5. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final.  If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
6. If any payment has not been made as set out on the Site or in the Terms, we may (at our absolute discretion) immediately cease supplying the products and/or charge you interest on the outstanding payment at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, calculated daily and compounding monthly.
7. If we offer payment via a third party payment processor, such as Stripe, PayPal, the payment may be subject to Stripe, PayPal’s terms and conditions.
8. We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

5. Availability, Delivery and Cancellation 

1. All purchases made through the Site are subject to availability. We do our best to keep the Site up to date with the availability of products. 
2. After you have purchased one of our products through the Site, we will provide you with details enabling you to attend a live session or to view a recorded version of the product you have purchased. The details of the product (timing, inclusions, how to connect) will be set out on our Site or in an email we send to you.
3. We may need to change the timing of any live sessions due to circumstances beyond our reasonable control. If you cannot attend a rescheduled session, you may be able to watch a recording of the session.
4. Our products will be delivered through the Site or a third party platform, such as Kajabi or Learndash. 
5. We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. 

6. Facebook Group

1. When you order products, such as interactive online courses, on our Site, you may be invited to a private Facebook group, of which you may remain a member for the duration of your product. Upon cancellation of your product, you will be removed from the Facebook group. You must not post, share or publish any material in the Facebook group which is indecent, offensive, in breach of any laws, or in breach of any intellectual property rights. We reserve the right to, at any time, remove any content you share in the Facebook group, and remove your access to the Facebook group. Your access to the Facebook group will be subject to Facebook’s terms and conditions and we are not liable (including for any refund of the Price) if Facebook restricts your access to the Facebook group.

7. Intellectual property 

1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
2. We grant you a non-exclusive, worldwide, revocable, non-sublicensable and non-transferable licence, to access, download and display the Content (Content Licence). You must not use our Content for your own commercial gain.
3. Other than as expressly permitted in this Agreement, you must not, whether directly or indirectly, without our prior written consent: 
   1. copy or use, in whole or in part, any of our Intellectual Property or breach our Intellectual Property Rights in any way; 
   2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party;
   3. breach any Intellectual Property Rights connected with the products, including altering or modifying any of our Intellectual Property; 
   4. cause any of our Intellectual Property to be framed or embedded in another website; or create derivative works from any of our Intellectual Property;
   5. resell, assign, lease, hire, sub-license, transfer, distribute or make available our products to third parties;
   6. “frame”, “mirror” or serve any of our products on any web server or other computer server over the Internet or any other network; and
   7. alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Course.

8. Limitations

1. Despite anything to the contrary, to the maximum extent permitted by law: 
   1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
   2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
2. whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
3. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
4. We do not accept returns for change of mind or other circumstances.
5. Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms. 

9. Collection Notice

1. We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy.
2. We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. 
3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 
4. By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

10. General

1. Content means any content we make accessible to you as part of a product you purchase on the Site, such as written content, video content, recorded live sessions, course modules and similar;
2. Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property;
3. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 
4. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
5. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing. 
6. Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
7. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
8. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
9. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 
10. Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
11. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
12. Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site. 

For any questions and notices, please contact us at:

VL & JL Pty Ltd T/A Centre for Effective Living/Centre for Effective Serving (ABN: 51 168 831 114) 

Email: admin@effectiveliving.com.au

Last update: 24 September 2021 

© LegalVision ILP Pty Ltd