TERMS OF USE

FASHION EQUIPPED ONLINE PROGRAMME

Last updated: 4 August 2017

Your purchase of, access to, participation in and use of Fashion Equipped’s “Start your Fashion Business” Online Programme and community provided within Australia and internationally (the “Online Programme”) is based on the following Terms and Conditions.

Fashion Equipped also provides other services, including Fashion Equipped’s website www.fashionequipped.com.au (‘our website’), social media accounts, direct interactions with you, or other service offered by us accessed or downloaded via our website (“the Service”). Upon accepting these Terms and Conditions, these Terms and Conditions will also apply to the Service.

By registering for the Online Programme, including clicking a box that states you agree to these Terms during the registration process, you acknowledge that you have read and agreed to be bound by and comply with these Terms. You also acknowledge that these Terms constitute a binding agreement between you and us made for good consideration (our provision of the Online Programme and the Services to you in exchange for the rights you grant to us in accordance with these Terms).

If you do not agree to be bound by these Terms, you will not be able to purchase, access, use and/or contribute to the Online Programme.

If you have any queries please contact info@fashionequipped.com.au

  1. Use of the Online Programme and Service
    1. You agree to use the Service only for lawful purposes.
    2. Your purchase of the Online Programme permits single, personal and private usage only. You must keep your password and user name confidential and not disclose them or share them with anyone. Doing so will be in breach of these terms of use. If you know or suspect that someone else knows your password you should notify us by contacting Fashion Equipped (such as by email to info@fashionequipped.com.au) immediately.
    3. Any use of Fashion Equipped content requires the prior permission from Fashion Equipped. You may not copy, reproduce, republish, post, broadcast, transmit, make available to the public, or otherwise use the Online Programme log in details, materials, including videos, workbooks, templates, worksheets, images, logos, design, in any way except for your own personal and private use. You also agree not to adapt, alter, create or share a derivative work from any Fashion Equipped content for commercial gain.
    4. You must only use the Online Programme in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the Online Programme and Service. This includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the Service.
    5. We operate a ‘fair use’ policy to protect the quality of service to our users. We reserve the right to manage or regulate your usage of the Online Programme. This may include temporarily or permanently suspending your user account if there is a breach of Fashion Equipped’s terms of use.
  2. Amendments
    1. Fashion Equipped reserves the right to change these Terms and Conditions from time to time and so you should check these Terms and Conditions regularly. Your continued use of the Online Programme will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Online Programme.
    2. If there is any conflict between these Terms and Conditions and specific local terms appearing elsewhere on the Service then the latter shall prevail.
  3. Registration
    1. In order to participate in and contribute to the Online Programme you will be required to register with Fashion Equipped at our website. Any personal information supplied to Fashion Equipped as part of this registration process or any other use of the Service will be collected, stored and used in accordance with Fashion Equipped’s Privacy Policy (which can be found here).
    2. We will only provide the Online Programme to people who are over 18 years old.
    3. You must keep your personal and contact information accurate and up-to-date.
    4. All user accounts must be registered with a single valid personal email address that you access regularly. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice.
    5. You must keep your password and user name confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify us by contacting Fashion Equipped immediately.
    6. Fashion Equipped reserves the right to:
      1. require users to re-validate their account if we believe they have been using an invalid email address;
      2. require you to change your password or suspend your account if Fashion Equipped has reason to believe that there is likely to be a breach of security or misuse of the Service;
      3. close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts our Service in any way;
      4. take action against multiple accounts if you have used registered more than one account.
  4. Intellectual property
    1. All Online Programme materials, including the content of the Training Modules and Video Tutorials are developed, owned and provided by Fashion Equipped.
    2. Fashion Equipped retains all copyright, trade marks, design rights and other intellectual property rights (registered and unregistered) in and on Service and all content (including all applications and materials) located on or available through the Online Programme.
    3. The Online Programme material is provided to you for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of Fashion Equipped’s content except for your own personal, non-commercial use.
    4. You must not use or reproduce any material which is protected by intellectual property rights (including software, photographs and videos), to do so would infringe the intellectual property rights of the owner or any other person with intellectual property rights in the materials. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any copyright, design rights and trade marks of Fashion Equipped or any other third party.
  5. Prices and payment
    1. Your order is an offer to purchase the Online Progamme from Fashion Equipped. The Online Programme will be made available to you once your payment has been authorised and the Online Programme has started as per dates listed on our website. There will be no contract of any kind between you and us unless and until you make authorised payment for the Online Programme. At any point up until then, we may decline to supply the Online Programme to you without giving any reason.
    2. The fee for the Online Programme is listed on our website and payable in advance of the Online Programme start date as set out on our website.
    3. All payment and all credit card handling is through the third party, PayPal Inc. Authority for payment must be given at the time of placing your order. Your credit/ debit card details are not handled by Fashion Equipped.
    4. Full payment or instalments as noted under ‘pricing’ is to be made at the time of enrolment. All monies are non-refundable once payment has been made.
    5. In the case of a PayPal payment plan arrangements, payments are conducted over a two part payment transaction via PayPal. It is the account holder’s responsibility to check with their financial institution to confirm that direct debits can be made from their account.
    6. If a PayPal Instalment payment is rejected under a payment plan due to insufficient funds in your account, Fashion Equipped reserves the right to suspend your service.
    7. Users not wanting to use PayPal do have the alternative to purchase the Online Programme by direct bank transfer. To do so, please contact info@fashionequipped.com.au.
  6. Delivery
    1. A confirmation email will be sent to the customer acknowledging payment and successful enrolment into the Online Programme.
    2. A programme schedule, containing commencement dates for each module will be provided in your welcome email prior to the Online Programme commencement date.
    3. Group coaching calls will be indicated on the Online Programme schedule under the ‘week’ they are due to take place.
    4. Further communication will be issued by email indicating the specific date, time and log on details for the group coaching calls. 3-5 days notice will be given in advance of group coaching calls and reminders will be sent.
    5. Users will be notified by email of an online URL where the course access will be located. Customers will be required to create a username and password for logging into the site and accessing the Online Programme upon commencement.
    6. Online Programme content will be delivered and ‘unlocked’ as per the schedule provided. Once a lesson and/or module is completed by the user, they will have access to this material for the lifetime of our website.
    7. Users will also gain access to the Online Programmes private facebook group and will be invited to join upon enrolment in the Online Programme.
  7. Using the Online Programme
    1. Because of the nature of the internet, errors and omissions can occur.
    2. Fashion Equipped reserves the right, at its discretion, to make changes to any part of any Online Programme or Service provided that it does not materially reduce its content or functionality.
    3. In the event that Fashion Equipped withdraws or is permanently unable to deliver a particular component of the Online Programme a partial refund will be given covering the portion of the Online Programme that remains undelivered.
  8. Cancellation and refunds
    1. It is not possible for you to cancel or postpone your Online Programme.
    2. Refunds cannot be made for downloadable digital products, theref
    3. ore, once the Online Programme has commenced, no refunds will given.
    4. If you have a concern relating to cancellation or refunds please contact info@fashionequipped.com.au.
  9. Availability of the Online Programme and Service
    1. Although we aim to offer you the best service possible, we make no promise that the Services and Online Program will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Service you should report it to info@fashionequipped.com.au and we will attempt to correct the fault as soon as we reasonably can.
    2. Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.
  10. Fashion Equipped’s right to suspend or cancel your registration
    1. We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms and Conditions.
    2. You can cancel your registration at any time by informing us in writing at info@fasionequipped.com.au If you do so, you must stop using the Online Programme.
    3. The suspension or cancellation of your registration and your right to use the Online Programme shall not affect either party’s statutory rights or liabilities.
  11. Disclaimers and limitations of liability
    1. 1. The Online Programme and the Service are provided on an ‘as is’ basis.
    2. 2. You acknowledge and agree that any access to or use of the Service (including undertaking the Online Programme) is at your own risk.
    3. All information is given by way of recommendation and suggestion by Fashion Equipped and you fully accept that this is the basis upon which the information is given and will be responsible for how this information is used for the purpose of your own personal and private use.
    4. The content of the Online Programme is of a general nature and you should seek professional legal and accountancy advice before implementing.
    5. We do not make any representations or warranties about the availability, functionality or performance of the Online Programme or the Service or the accuracy, completeness or currency of any of the content or data accessible through our website.
    6. Fashion Equipped shall not be liable for any costs, losses or damages allegedly suffered by you.
    7. To the maximum extent permitted by law, we exclude all conditions and warranties (express or implied) in relation to the Online Programme and the Service, including all implied conditions and warranties of merchantability, satisfactory quality, fitness for any particular purpose and non-infringement, except for any condition or warranty implied by law, the exclusion of which would contravene any statute or cause any part of this term to be void.
    8. Except as stated in these Terms and to the maximum extent permitted by law, we exclude all liability, whether in contract, tort (including negligence) or under statute, arising from or connected with these Terms or the operation or use of the Website or the Services.
    9. While we try to ensure that all content provided by Fashion Equipped is correct at the time of publication no responsibility is accepted by or on behalf Fashion Equipped for any errors, omissions or inaccurate content on the Online Programme.
    10. You indemnify and agree to keep us indemnified from and against all damages, losses and expenses of any kind (including legal costs) incurred by us in connection with any claim made against us by a person in connection with your actions in accessing or using the Website or the Services or your User Content.
    11. Fashion Equipped does not warrant that functions available on or through the Online Programme will be uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
  12. Breach
    1. If you breach these Terms and Conditions and Fashion Equipped chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
    2. The Trustee for Fashion Equipped shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
  13. General
    1. If any part of the Terms is found to be unenforceable, the remaining parts will remain in full force and effect.
    2. These Terms and Conditions will be subject to the laws of Victoria, Australia. We will try to solve any disagreements quickly and efficiently.
    3. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
    4. We may amend the Terms from time to time in our sole discretion. Amendments will be effective immediately on publication on the Website. Your continued use of the Website following amendments to the Terms constitutes your acceptance of the amended Terms.
    5. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    6. In these terms “Fashion Equipped”, “we”, “us” or “our” refers to Fashion Equipped Pty Ltd as Trustee for Fashion Equipped Trust, which is registered in Australia and whose office address is at Shop 110, Level 2 Como Centre, 299 Toorak Road, South Yarra, Victoria, 3141.

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