SUCCSEX FACTOR Online Terms and Conditions

By submitting an Order to us, you indicate you have read and understood these Terms and Conditions, and that you agree to comply with them in every respect.

Background

1. These Online Terms and Conditions (“T&Cs”) apply to the agreement (“Agreement”) for the purchase and sale of the Goods between the Customer (“Customer” or “you”) and the Vendor (“vendor” or “us”), that is formed when you select and pay for the Goods from us via our website < http://succexfactor.com >, (“Website”), thereby submitting an Order, and we accept your Order.
2. In addition to these T&Cs, our Privacy Policy and Website TOU as varied or updated from time to time are incorporated into the Agreement. Our Privacy Policy and Website TOU in their current form are available for viewing on our Website.

Clauses

1. Definitions and Interpretation

1.1The following definitions apply to these T&Cs:

• Business Day means a day on which banks are ordinarily open for business in the State of Western Australia.
• Goods mean the goods that are the subject of any particular Order submitted by you to us, in particular any component of THE SUCCSEX FACTOR course, subject to all conditions of ownership, licensing and Intellectual Property imposed by these T&Cs, and including any of the following items (and any items added to these, or substituted for any of them), namely: ebooks; audio tracks; the contents of the members’ area of our Website; the contents of our customer-only blog.
• GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Intellectual Property includes all rights in all forms of intellectual property recognised by the Convention Establishing the World Intellectual Property Organisation (1967), and all legal, equitable, neighbouring and proximate rights in those forms of property recognised by Australian law, including goodwill.
• Law means the laws in force in the State of Western Australia, Australia, and also any other non-excludable laws of another jurisdiction that apply to our transactions with you because of your domicile or citizenship.
• Licence is defined in clause 9.1(b).
• Loss includes any loss, damage or injury in relation to which a claim for compensation could be made under the Law, and also includes all associated costs, such as investigation costs and legal expenses.
• Order means your order for the Goods, submitted online to us via the Website.
• Payment Gateway includes any method of payment processing that is operated or controlled by a third party, including a bank, other financial institution, a payment processor such as Stripe or Paypal, and a credit card company such as Mastercard or VISA, which is either embedded in our Website or is a separate website linked to our Website.
• Personal Information has the meaning given in the Privacy Act 1988 (Cth).
• Price means the price you pay for the Goods when submitting your Order.
• Privacy Policy means the separate policy governing our collection and management of your Personal Information, available on the Website.
• Vendor or us means You Evolve Pty Ltd (ACN 163 696 286) as trustee for the Street Family Trust (ABN 86347328233) Lebel 1, Fremantle  Road, Gosnells , Western Australia, 6110, Australia.
• Website refers to our website identified in Background Paragraph A, and any substitute or redirected website operated by us, but does not include any website operated by a third party even if linked to in our Website.
• Website TOU includes any terms of use controlling your use of our Website, at the time you use the Website, which are included in the website.
• We and our refer to the Vendor.
• You and your refer to the Customer. 

1.2 The rules of interpretation set out in clause 13.6 apply to the Agreement:

2. Application of T&Cs

2.1 These T&Cs apply to any Order that you submit via the Website.

2.2 When an Order is accepted by us, an Agreement is formed. Each separate Order that you submit creates a separate Agreement incorporating these T&Cs and also the TOU and Privacy Policy, as provided in clause 2.3.

2.3 While we reserve the right to vary or update these T&Cs from time to time, the Agreement incorporates the version of the T&Cs that is current at the time of your relevant Order. The version of the Website TOU that applies is the version that is current at any time you visit the Website. The version of the Privacy Policy that applies to your personal information is the version that is current when the information is collected.

3. Orders 

3.1 An Order submitted by you constitutes an offer to purchase the relevant Goods for the Price.

2. You will submit each Order via the online form provided for that purpose on the Website, which includes particulars of the Goods.  We may request you to provide additional information relevant to the processing of your Order by means other than the Website.
3. When submitting an Order, you will provide only accurate and true information, and must provide all information requested.
4. We disclaim all liability for any Loss suffered by you or any other person as a result of incomplete, untrue or inaccurate information provided by you when submitting an Order.
5.  By submitting an Order, you warrant that you:

1. have full legal capacity to enter into the Agreement;
2. are over 18 years of age; and
3. understand that the Goods includes sexual references, and that you are not offended by sexual references.

6. Once you submit an Order, you may cancel or change the Order only as permitted by the Website. 
7. If your Order is accepted by us, we will provide you with a download link or links which you can use to download the Goods.
8. We will issue you with an Order number or receipt number when your Order is accepted, and you must quote this number in your communications with us about the Order.

4. Processing of Orders

4.1 After you submit an Order, we will either accept the Order or we will reject the Order. 

4.2 We reserve the right to accept or reject your Order for any reason at any time after you make it. The reasons why we may reject an Order include but are not limited to any or more of the following: we no longer supply the particular Goods requested in your Order; we are unable to process your payment or your payment was refused by our Payment Gateway; or we are unable to contact you to discuss an aspect of your Order that in our absolute discretion we consider must be clarified prior to filling the Order.

4.3 You will be notified as soon as is practicable if we reject your Order, by a notification given on our Website, by email (if we have your email address), or some other convenient method.

4.4 We disclaim any liability for any Loss allegedly suffered by you because of the rejection of an Order.

4.5 If we reject an Order after your payment has been processed, we will refund your payment at the earliest practicable time, if you are entitled to a refund.

4.6 If our Website uses a Payment Gateway, you agree that, if it is operated by a third party:

(a) we are not responsible for the correct operation of the Payment Gateway, but we will take reasonable care when selecting its operator and when integrating the Payment Gateway with our Website or linking it to our Website;

(b) your relationship with the Payment Gateway operator is separate to your relationship with us, and you must use the Payment Gateway carefully in accordance with any instructions provided by the third party;

(c) we do not decide what persons the Payment Gateway operator will allow to use or not use the Payment Gateway; and

(d) we are not responsible for the Payment Gateway’s handling of your personal information, and it is your responsibility to familiarise yourself with that party’s privacy obligations and privacy policy.

4.7 You will have no automatic right to cancel or change your Order once it has been submitted.  If you contact us after submitting an Order, we may, in our absolute discretion, agree to cancel or change the Order, provided that the Goods have not yet been manufactured.

5. Supply of Goods

5.1I f we accept your Order, we will fill the Order and make the Goods available for download by you, at the earliest practicable opportunity.

5.2 If, for any reason, any Goods items(s) included in an Order are temporarily unavailable, for example, because the server that delivers the Goods is offline, we will use our reasonable endeavours to do the following things in the order shown below:

(a) notify you when we expect the Goods to become available for download;

(b) contact you within a reasonable time to discuss your options to receive the Goods and ascertain your preference for how the matter should be resolved; and

(c )if we are unable to deliver the Goods or any part of the Goods within a reasonable time frame, refund your payment to you fully or partially, as is appropriate.

5.3 We reserve the right to manage our product delivery systems in whatever manner we consider appropriate, in our absolute discretion, and disclaim all liability for any Loss allegedly suffered by you or any other person as a result of the withdrawal of any delivery options for the Goods regardless of whether your Order has been accepted already or not.

5.4 You acknowledge that any photographs, descriptions or samples appearing on our Website are illustrative and incomplete. You agree that you rely on your own judgment when deciding whether the Goods are suitable for you, and we do not guarantee satisfaction or any particular results from using the Goods. 

5.5 In the event that any item is advertised for sale on the Website erroneously, whether in relation to availability or price or some other characteristic, and regardless of who is responsible for the error, then, unless we are otherwise compelled by Law, we reserve the right to reject your Order in respect of that item.

5.6 You acknowledge that you select the items included in your Order without relying upon our advice, and you hereby release us from any claims that you may have for any Loss allegedly suffered by you resulting from your choice reflected in your Order. We will take reasonable care to ensure that the statements we make in the Website are accurate and not misleading, to the best of our understanding.

6. Processing of Payments

6.1 You will pay the price quoted on the Website for any Goods item(s) included in your Order, subject to the following variations:

(a) where a promotional price or discount is being offered by us for an item, including any offer sent to you by e-mail or advertised on a third party’s website, you may pay that lower price only if you comply fully with all conditions of the promotion or discount offer, including, where required, by quoting a code when you submit an Order; 

(b) where a cashback or rebate is being offered for the Goods in your Order, you will supply us with the information we need to process that payment; 

(c) any references to time limits in promotional or discount offers made by us are expressed in Australian Western Standard Time unless stated otherwise; and

(d) we reserve the right to start or discontinue a promotion or discount at any time.

6.2 Prices quoted on the Website are in the currency displayed or, if no particular currency is displayed, then in Australian dollars (AUD). Where a sales tax (such as GST) applies to the Order, the applicable amount of sales tax will be quoted in conjunction with each Price on an inclusive or exclusive basis, and your tax payment will be processed by us in accordance with the Law.

6.4 You must make your payment in full at the time you submit your Order, including any applicable sales tax, unless some other arrangement is specifically agreed to by us in writing.  You are able to pay for your Order by the methods provided on our website. Where your payment is administered by a Payment Gateway provided by a third party, we disclaim responsibility for any malfunction of that system that results in your payment not reaching us, and for any Loss resulting to you or any person from that malfunction not caused or contributed to by our negligence.

6.5 Your payment must clear the payment system we use (whether a Payment Gateway or something else) before we deliver the Goods to you or make them available for you to download. If the payment method you have chosen cannot be completed within a reasonable time, then we are entitled to reject your Order under clause 4.2. If your payment is delayed because the payment system we make available to you is faulty, we may offer you an alternative payment method that is reasonably available but are not obliged to do so.

6.6 We will use our best efforts to notify you if your payment is accepted, rejected or delayed, as soon as possible after you submit your Order, or we will request the operator of the Payment gateway to do so.

6.7 If sales tax (such as GST) applies to your payment, we will provide you with an invoice or receipt that complies with the applicable Law, in respect of your purchase.

7. Website Usage and Communications

7.1 You will comply with the Website TOU in every respect and on every occasion on which you use the Website, whether to place an Order or for any other reason. 

7.2 Failure to comply with the Website TOU, in particular any activity by you (including any person directed, encouraged, enabled or facilitated by you) that causes harm to the Website, us, or any other person, will be a fundamental breach of this Agreement and will entitle us to terminate the Agreement and reject your Order. And also to claim compensation from you for any associated Loss.

7.3 We will generally communicate with you by email. We will give you the option to opt out of communications with us except for messages that we are obliged by law or by any duty of care to send to you.

8. Goods 

1. You agree that the Goods will be downloaded by you or received by some other method by agreement with us. The Goods are a standardised product that are supplied “as is”, and cannot be tailored to meet your particular needs or interests.
2. Although it is our intention that the Goods be available for download immediately after payment is received from you, because there are a number of variables including the functioning of third-party owned or operated facilities that may affect our capacity to make the Goods available for download or your capacity to download the Goods, we do not guarantee that the Goods will definitely be provided to you immediately after purchase.
3. If there is any problem with making the Goods available for immediate download after purchase, you agree that you will comply with all reasonable requests made by us at that time for the purpose of resolving the delivery problem.
4. You agree that, in order to properly use the Goods, or to use the Goods at all, you must have a device (computer, tablet or smartphone) that meets certain minimum criteria (including as to operating system and memory). We will explain these requirements on the Website. We are not obliged to modify the Goods to make them usable on any other type of device, or a device with different specifications. We are not obliged, going forward, to update the Goods to make them compatible with newer devices, or devices with updated specifications, or, if we replace the Goods with updated versions that are compatible with such devices, we are not obliged to maintain an inventory of legacy versions that are compatible with devices with outdated specifications.
5. You will inspect the Goods upon download to verify that they conform to your Order and are in usable condition. You acknowledge that if you fail to make this inspection and to detect any file corruption, incorrect formatting, or any other problem that prevents you from using the Goods, we may not be able to replace the Goods after a delay.

8.8 If any item(s) included in your Order is or are recalled by us after you submit your Order, or if the sale is banned by any applicable Law, we will reject the Order and refund your payment, and you release us from liability for any potential Loss resulting from that rejection.

6. You acknowledge that after you download or otherwise receive the Goods we do not have any control over them, and you agree that you will assume title to the Goods and all risk of loss from the time physical possession of the Goods transfers to you.

9. Intellectual Property

9.1 You agree that:

(a) the Goods and Website are artistic, literary or dramatic works in which we own all Intellectual Property rights, in particular copyright and trade marks, or, as indicated in the Goods, we are a permitted licensee of those rights;

(b) this Agreement is not intended to, and does not transfer to you any title or interest in the Intellectual Property described in clause 9.1, other than a licence to use the Goods and Website for your personal, non-commercial use, which is non-sub-licensable, non-transferable, perpetual, worldwide and royalty-free (beyond payment of the price for the Goods), subject to all limitations and prohibitions set out in these T*Cs, (“the Licence”); 

(c) we are entitled to revoke the Licence in the event that you breach the Agreement; and

(d) we are entitled to vary or update our master copy of the Goods (and copies we sell to other persons), and the Website, at any time.

9.2 You agree that you must not:

(a) make or sell copies of the Goods or the Website’s components;

(b) remove any trade marks or copyright notices included in the Goods;

(c) quote from the Goods except as permitted by applicable copyright Laws;

(d) breach the conditions of the Licence described in clause 9.1(b), or permit any other person to do so.

10. Personal Information

10.1 We will safeguard the privacy of your personal information in accordance with our Privacy Policy, which is incorporated into the Agreement, and all applicable Law. You agree that you will provide us with correct and genuine personal information.

11. Warranties; Release; Contribution

11.1 The Goods are covered by the following express warranties: 

(a) they are not faulty;

(b) they are of merchantable quality; and

(c) they conform to any factual description(s) given on our Website, advertising puff ignored.

11.2 We provide no other express warranty in relation to the Goods, and hereby exclude all implied warranties that may apply to the Goods, except for any warranties imposed by operation of Law that cannot be excluded by contract.

11.3 To the fullest extent permitted by Law, you hereby release us from all claims that you may have at any time for any alleged Loss arising in relation to the Goods and the Agreement, except where attributable to our negligence.

11.4 Where we are liable to you for any Loss in relation to the Goods and this Agreement, you agree that our liability will be reduced to the extent that you have caused or contributed to your Loss, or have failed to mitigate that Loss, and will be capped at the value of a full refund of the price you paid for the Goods. 

11.5 You agree that because the Goods are educational and instructional in nature, it is your responsibility to follow instructions included in the Goods, including any warnings, and that your results from using the Goods will largely depend on your own efforts.

12.  Termination of Agreement; Refunds

12.1 We may immediately terminate the Agreement at any time on notice to you if we become aware that you have breached these T&Cs or the Website TOU, in our reasonable opinion. Termination under this clause will result in revocation of the Licence.

12.2 You may terminate the Agreement at any time, by giving us notice of the termination. If you terminate before your payment for the Goods has been processed, we will not collect the payment and will cancel your download of the Goods. 

12.3 If the Goods you ordered have been downloaded, but are faulty, are not of merchantable quality, or do not meet the factual description(s) given on our Website, you will be entitled to a refund once we verify the applicable problem.

12.4 You will be entitled to a refund up to five days after purchasing and downloading the Goods if you are not entirely satisfied with them. After that time, you will only be entitled to a refund if clause 12.3 applies.

12.5 Termination of the Agreement by you will not affect your obligation to pay us any money that you owe us, unless you are entitled to a refund under another clause of these T&Cs.

12.6 If we terminate the Agreement, we will refund any money you have paid us, except where you have caused damage to the Website or otherwise have caused us financial loss, in which case you agree that we may retain your payment and off-set it against any such claim that we have against you.

13. Miscellaneous

13.1 Any part of these T&Cs that is illegal, invalid or unenforceable will be regarded as deleted without affecting the remaining parts of these T&Cs and the Agreement, which will remain binding on you and us.

13.2 A delay or failure by you or us to exercise a right or remedy under these T&Cs will not be held to constitute a waiver of that right on any other occasion.

13.3 You agree that the Agreement, including these T&Cs, will be exclusively governed by the law in force in the State of Western Australia, Australia, and we and you submit to the exclusive jurisdiction of the courts of that State in all matters arising under the Agreement.

13.4 You and we may communicate with one another, for the purposes of this Agreement, by email. Our email for this purpose is: admin@succexfactor.com – please make sure that the author of any emails to us is identified clearly. You email address is the address you supply with your Order or by communicating with us at the email address shown above.

13.5 If you have any dispute with us regarding the Goods, your Order, or the Agreement (including these T&Cs), you agree that you must bring the dispute to our attention and attempt in good faith to resolve the dispute by negotiation before resorting to litigation, except for applications for urgent injunctions. Where you are given a right to litigate by the Law, you now waive, compromise or defer that right, if permitted by the Law to do so, to the extent necessary to comply with this clause.

13.6 In this Agreement:

(a) the singular includes the plural and vice versa and a gender includes all other genders;

(b) another grammatical form of a defined word or expression has a corresponding meaning;

(c) a reference to a clause is to a clause of these T&Cs unless another document is clearly indicated;

(d) a reference to a document includes the document as updated, varied, supplemented or replaced from time to time;

(e) a reference to a party includes that party’s legal successors and legal personal representatives;

(f) a reference to a person includes any corporate or trust entity;

(g) a reference to a Law includes regulations and other instruments made under it, and consolidations, amendments, re-enactments or replacements of any of them;

(h) the meaning of general words is not limited by specific examples introduced by “including”, “for example”, or similar expressions;

(i) any rule of construction that would apply to the disadvantage of a party because it was responsible for the preparation of this Agreement or for proposing the relevant provision(s) will not apply;

(j) if a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day; and

(k) a reference to something being done in writing includes by email communications unless the sender receives a notification from any source that the email could not be delivered successfully.