Purchase Terms and Conditions
Purchase Terms and Conditions
Thank You for choosing Cait Wotherspoon!
These Terms and Conditions govern your purchase.
By clicking “accept” You agree to these Terms and Conditions.
1. Purchase Services
1.1 The Website, caitwotherspoon.com.au, is operated by Cait Wotherspoon (abn: 807 239 808 20) of Level 1, Suite 4/450 High Street, Penrith NSW 2750 (‘Cait Wotherspoon’).
1.2 Access to and use of the Website, or any of its associated products or services is provided by Cait Wotherspoon.
1.3 The Website provides you with an opportunity to browse and purchase an online course (the ‘Course’), physical products (Physical Products) and Eproducts (Eproducts) (collectively the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
1.4 You have agreed to purchase a Product through the Website (‘Product’).
1.5 These Terms and Conditions are to be read in conjunction with the payment page (‘Payment Page’) and Product information page (‘Information Page’) of the Website.
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 Cait Wotherspoon in the user interface.
3. Personal Information
3.1. When purchasing the Product, you will be required to provide personal information such as your full name, password and e-mail address.
3.2. You agree that all details that you have provided in completing the purchase are true and correct.
4. Purchase of Products
4.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Product.
4.2 Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the ‘Payment Gateway Providers‘).
4.4 Following payment of the Purchase Price being confirmed by Cait Wotherspoon, you will be issued with a receipt to confirm that the payment has been received and Cait Wotherspoon may record your purchase details for future use.
4.5 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.
4.6 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
5. Refunds and Returns
(a) You must notify Cait Wotherspoon of an intention to cancel your involvement in the Course as soon as practicable through e-mail to firstname.lastname@example.org and abide by the following (‘Cancellation Policy’).
(b) The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Purchase Price are non-refundable.
(c) For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Cait Wotherspoon 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 Course will be revoked.
(d) In the event that any payment is not made in full on the due date, Cait Wotherspoon is entitled to charge you interest at the rate of 5% per annum, calculated daily.
(e)You agree that if you default on any payments due and payable under the Terms, any costs incurred by Cait Wotherspoon for steps taken to enforce payment terms will be recoverable and payable by you.
(f) Cait Wotherspoon will only provide you with a refund of the Purchase Price in the event that Cait Wotherspoon is unable to continue to provide the Course (the ‘Refund‘).
5.2 Physical Products and Eproducts
Cait Wotherspoon does not provide change of mind refunds. Please keep this in mind when making a purchase.
6. Course Delivery and Licence Information
6.1 Each purchase of the Course grants to you access to the program through the platform provided (the ‘Membership Portal’).
6.2 When you purchase the Course, Cait Wotherspoon 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 (the ‘Licence’).
6.3 The Licence is valid for the term of the Course only (‘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.
6.4 The Course is 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 Course materials, booklets, and access to any other aspect of the Course.
7. Delivery of Physical Products
7.1 You acknowledge that the Purchase Services offered by Cait Wotherspoon integrate delivery (the ‘Delivery Services‘) through the use of third party delivery companies (the ‘Delivery Service Providers‘).
7.2 In providing the Purchase Services, Cait Wotherspoon may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Cait Wotherspoon is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3 In the event that an item is lost or damaged in the course of the Delivery Services, Cait Wotherspoon asks that you:
(a) contact the Delivery Service Provider directly to request a refund; and
(b) contact us by sending an email to email@example.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Delivery of Eproducts
8.1 Eproducts 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 firstname.lastname@example.org.
8.2 Cait Wotherspoon 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.
9.1 Physical Products/Eproducts
(a) Cait Wotherspoon’ Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
(b) If you have received a Physical Product or Eproduct that you believe is faulty or defective, please contact email@example.com with photographic proof.
(a) Cait Wotherspoon will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Cait Wotherspoon makes no warranty that the Course will meet your requirements or that all clients will achieve the same results.
(b) The services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel this Agreement with Cait Wotherspoon, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. 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.
9.3 Products Disclaimer
You are solely responsible for creating and implementing your own mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from your use of the Products. As such, you agree that Cait Wotherspoon is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or for any direct or indirect result of any Products provided by Cait Wotherspoon.
Cait Wotherspoon’ total liability arising out of or in connection with the Course or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Course to You.
12. Copyright and Intellectual Property Rights
12.1. Intellectual Property Rights
(a) You agree that any works, documentation, materials, Course content or content of the Products, creative works or information of whatever nature produced or developed by Cait Wotherspoon or under Cait Wotherspoon’ direction pursuant to or in the course of providing the Products will remain the sole and complete property of Cait Wotherspoon, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(b) There is no assignment of Intellectual Property Rights by Cait Wotherspoon to You pursuant to this Agreement.
(c) Nothing in this Agreement affects the Moral Rights in any works, items, materials or information supplied pursuant to this Agreement.
You hereby indemnify and agree to keep indemnified Cait Wotherspoon 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.
13. Mailing List Registration
13.1 You will be given the option to register for the Cait Wotherspoon Mailing List (the ‘Mailing List‘).
13.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
13.3 If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from Cait Wotherspoon.
14. Governing Law & Jurisdiction
14. 1 This Agreement is governed by the laws of New South Wales, Australia.
14.2 In the event of any dispute arising out of or in relation to the Purchase Services or the Course, Cait Wotherspoon agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.
Any provision of this Agreement 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 this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
You agree that any testimonials that may be provided by You from time to time may be used by Cait Wotherspoon for marketing purposes.
Entire Agreement and Modifications
Both You and Cait Wotherspoon confirm and acknowledge that these Terms and Conditions, Information Page, Payment Page and Website Terms and Condition of the Website constitute the entire agreement between You and Cait Wotherspoon and shall supersede and override all previous communications, either oral or written, between the parties.