WEBSITE TERMS AND CONDITIONS OF USE

1.     About the Website

  • Welcome to kellymartinsleepconsultant.com.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase a variety of online courses and Eproducts (the Products) that have been listed for sale through the Website as well as browse and purchase the services of Kelly Martin Sleep Consultant (the ‘Services’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
  • The Website is operated by Kelly Amanda Martin (ABN: 88 402 078 695). Access to and use of the Website, or any of its associated Products, is provided by Kelly Martin Sleep Consultant. Please read these terms and conditions (the ‘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, or any of Products, immediately.
  • Kelly Martin Sleep Consultant reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Kelly Martin Sleep Consultant 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.

2.     Acceptance of the Terms

  • You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Kelly Martin Sleep Consultant in the user interface.

3.     Personal Information

  • When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.
  • You agree that all details that you have provided in completing the purchase are true and correct.
  • Your personal information is kept in accordance with the Kelly Martin Sleep Consultant Privacy Policy (‘Privacy Policy’) which can be accessed via the Website.  

4.     Purchase of Products and Returns Policy

  • In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Products (the ‘Purchase Price‘).
  • Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the ‘Payment Gateway Providers‘).
  • In using the Purchase Services, 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.
  • Following payment of the Purchase Price being confirmed by Kelly Martin Sleep Consultant, you will be issued with a receipt to confirm that the payment has been received and Kelly Martin Sleep Consultant may record your purchase details for future use.
  • 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.
  • 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, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
  • Kelly Martin Sleep Consultant does not provide refunds for Eproducts. Please keep this in mind when making a purchase.
  1. Delivery of Online Course and License Information
    • The Website offers you the opportunity to purchase self-guided online courses (‘Online Course’). Each Online Course purchase grants to you access to the Online Course through Kartra, or other member portals used from time to time, the Member Portal (the ‘Member Portal’).
    • When you purchase an Online Course through the Website, Kelly Martin Sleep Consultant grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Online Course and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).
    • The Licence is valid for the Online Course term (‘Licence Term’). This means the Online Course will be viewable via the download link for the Licence Term only. After this time the Online Course will expire and you will no longer be able to access the Online Course.
    • The Online Courses are intended for use in a single household within the licence Term only. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Online Course materials, booklets, and access to any other aspect of the Online Course.

6.     Bookings of Services

  • Kelly Martin Sleep Consultant gives you the option to book the Services using the booking system on the Website (the ‘Booking System’).
  • If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions, Privacy Policy and other relevant legal documentation provided by the Booking System.
  • Once you have successfully made a booking, you will be provided with a separate set of terms and conditions that will govern the Services.
  • If you choose to proceed with the Services, you will be bound by the terms and conditions provided to you at the point of purchase.
  • In using the Purchase Services to purchase a Service through the Website, you will agree to the payment of the purchase price listed on the Website for the Service (the ‘Purchase Price‘).
  • Payment of the Purchase Price may be made through the available payment methods (the ‘Payment Gateway Providers‘)
  • 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, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
  • In using the Purchase Services, 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.
  • Following payment of the Purchase Price being confirmed by Kelly Martin Sleep Consultant, you will be issued with a receipt to confirm that the payment has been received and Kelly Martin Sleep Consultant may record your purchase details for future.
  • In the event that any payment under this Agreement is not made in full on the due date, Kelly Martin Sleep Consultant is entitled to charge You interest at the rate of 5% per annum, calculated daily.
  • You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Kelly Martin Sleep Consultant for steps taken to enforce payment terms will be recoverable and payable by You.

7.        Cancellation and Termination

  • General Cancellation
  • You must notify Kelly Martin Sleep Consultant of an intention to cancel the Services as soon as practicable through e-mail to kelly@kellymartinsleepconsultant.com.au and abide by the following (‘Cancellation Policy’).
  • The Services are non-refundable. This means that if you wish to terminate the Services early, all unpaid amounts of the Purchase Price are non-refundable.
  • For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Services early, Kelly Martin Sleep Consultant reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Services will be revoked.
  • Kelly Martin Sleep Consultant may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
  • Kelly Martin Sleep Consultant reserves the right to terminate your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail.
  • If Kelly Martin Sleep Consultant terminates the Services, you agree to pay Kelly Martin Sleep Consultant for the portion of the Services completed up to the date and time of termination.

 

  • Cancellation and Rescheduling of one-on-one sessions
  • Both Parties agree to reschedule any one-on-one sessions in writing.
  • Kelly Martin Sleep Consultant understands that things change, and therefore if you need to make a request to alter your session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Purchase Price involved.
  1. Warranty
  • Kelly Martin Sleep Consultant will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Kelly Martin Sleep Consultant makes no warranty that the Products will meet your requirements or that all clients will achieve the same results.
  • The Products and Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Product or Services, you are entitled to cancel Your contract with Kelly Martin Sleep Consultant and are entitled to a refund for the unused portion, or to compensation for its reduced value.
  1. Release and Waiver
    • You agree that when you purchase a Service or Product, including participation in an Online Course, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Kelly Martin Sleep Consultant’s relationship with you, its educational materials and interactions with you. As such, you agree that Kelly Martin Sleep Consultant is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Products or Services it provides.
    • You understand that the Products and Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Products and Services are not to be used as a substitute for counselling and mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.
    • You agree to release and discharge Kelly Martin Sleep Consultant from and against all claims arising out of or in connection with provision of the Products and Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received training or a Product or Service from Kelly Martin Sleep Consultant.

10.  Copyright and Intellectual Property

  • The Website, the Purchase Services and all of the related Products and Services of Kelly Martin Sleep Consultant 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 site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Kelly Martin Sleep Consultant or its contributors.
  • Kelly Martin Sleep Consultant retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
    • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Kelly Martin Sleep Consultant; or
    • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
    • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
  • You may not, without the prior written permission of Kelly Martin Sleep Consultant 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 Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

11.     User Generated Content

  • If you choose to contribute any content to the Website or any other platform operated by Kelly Martin Sleep Consultant, 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’).
  • By contributing content to the Website, you grant Kelly Martin Sleep Consultant a royalty-free, non-exclusive license to use 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 Kelly Martin Sleep Consultant.
  • Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Kelly Martin Sleep Consultant can use that information with your User Content for advertising and promotional purposes, or any other business purpose.
  • You confirm you own or have the right to use any copyright material included in Your Content (including replies to Kelly Martin Sleep Consultant 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 Kelly Martin Sleep Consultant. 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.
  • Please ensure you keep your own copies of Your Content as Kelly Martin Sleep Consultant may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
  • Kelly Martin Sleep Consultant will endeavour to provide you with an appropriate credit when using Your Content on Kelly Martin Sleep Consultant platforms, though you understand and agree this may not always be possible.
  • Kelly Martin Sleep Consultant 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.

12.  Privacy

Kelly Martin Sleep Consultant takes your privacy seriously and any information provided through your use of the Purchase Services are subject to Kelly Martin Sleep Consultant’s Privacy Policy.

13.  General Disclaimer

  • You acknowledge that Kelly Martin Sleep Consultant does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products and Services other than provided for pursuant to these Terms.
  • Product descriptions posted on Kelly Martin Sleep Consultant ‘s Product Website are used as an indication of the Products and Services rather than an actual representation.  Kelly Martin Sleep Consultantaccepts no responsibility for inaccurate information supplied to you.
    • The website may contain technical inaccuracies or typographical errors or omissions.  Kelly Martin Sleep Consultantis not responsible for typographical, pricing, Product information or advertising.
    • Advertised prices and availability are subject to change without notice.  Kelly Martin Sleep Consultant reserves the right to make changes, corrections and/or improvements to the Website, and to the Products and Services described in such information, at any time without notice.
  • Nothing in these 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.
  • Subject to this clause, and to the extent permitted by law:
    • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
    • Kelly Martin Sleep Consultant 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website, the Purchase Services, and any of the Products and Services of Kelly Martin Sleep Consultant is at your own risk. Everything on the Website, the Purchase Services, the Products and Services of Kelly Martin Sleep Consultant, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Kelly Martin Sleep Consultant make any express or implied representation or warranty about its Content or any Products, Services or Purchase Services (including the Products or Purchase Services of Kelly Martin Sleep Consultant) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    • 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;
    • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
    • costs incurred as a result of you using the Website, the Purchase Services or any of the Products and Services;
    • the Content or operation in respect to links which are provided for the User’s convenience;
    • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  1. Information Disclaimer
    • Kelly Martin Sleep Consultant does not guarantee specific results or experiences through the use of the Products and Services. Any information, advice, content or documentation provided through the Services, the Products, including in any Eproducts, in the blog, on the Website or on any other related platform do not constitute medical, professional, psychological or other advice, and are provided for general information and guidance purposes only.
    • All care is taken in the preparation of the information and published materials including in the Services, the Products, in the associated blog, on the Website or on any other related platform. Kelly Martin Sleep Consultantdoes not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
    • To the extent permissible by law, Kelly Martin Sleep Consultantwill not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which 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 in the Services, the Products, associated blog, on the Website or on any other related platform.

15.  Mailing List Registration

  • You will be given the option to register for the Kelly Martin Sleep Consultant Mailing List (the ‘Mailing List‘).
  • As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
    • Email address
    • Name
  • If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from Kelly Martin Sleep Consultant.

16.  Limitation of Liability

  • Kelly Martin Sleep Consultant’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Kelly Martin Sleep Consultant is the resupply of information or Purchase Services to you.
  • You expressly understand and agree that Kelly Martin Sleep Consultant, its affiliates, employees, agents, contributors, third party content providers and licensors shall 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 shall 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.
  • Kelly Martin Sleep Consultant is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Kelly Martin Sleep Consultant, by third parties or by any of the Purchase Services offered by Kelly Martin Sleep Consultant.

17.  Indemnity

  • You agree to indemnify Kelly Martin Sleep Consultant, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    • 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 any Content you post through the Website;
    • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
    • any breach of the Terms.

18.  Venue and Jurisdiction

  • The Purchase Services offered by Kelly Martin Sleep Consultant is intended to be viewed by residents of Australia. 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 shall be in the courts of South Australia, Australia.

19.  Governing Law

  • The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

20.  Independent Legal Advice

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

21.  Severance

  • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.