TERMS OF SERVICE
General
This website is owned and operated by Kellie O’Brien Media “kellieobrien.com.au” (“Company,” “we” or “us”). By using the website, you agree to be bound by these Terms of Service and to use the website in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the website or to products and services available through the website or from the Company. Accessing the website, in any manner, whether automated or otherwise, constitutes use of the website and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the website, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the website after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
This website and all the materials available on the website are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The website is provided solely for your personal non-commercial use. You may not use the website or the materials available on the website in a manner that constitutes an infringement of our rights or that has not been authorised by us. More specifically, unless explicitly authorised in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the website. You may, however, from time to time, download and/or print one copy of individual pages of the website for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the website, you are representing: (1) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (2) that you are 13 years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that Company has the right but not the obligation to use and display any postings or contributions of any kind and that Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
You may establish a hypertext link to the website so long as the link does not state or imply any sponsorship of your site by us or by the website. However, you may not, without our prior written permission, frame or inline link any of the content of the website, or incorporate into another website or other service any of our material, content or intellectual property.
Disclaimers
Throughout the website, we may provide links and pointers to internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the website or on websites linked to by us on our website.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the websites by anyone other than an authorised Company representative while acting in his/her official capacity.
You agree at all times to defend, indemnify and hold harmless Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
eCommerce
Your participation, correspondence or business dealings with any third party found on or through our website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the website. You agree to use the website and to purchase services or products through the website for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Interactive Features
This website may include a variety of features, such as web logs and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on web logs and other public posting areas on the website, or sent via any email services on the website, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the website. It is a condition of your use of the website that you do not:
1. Restrict or inhibit any other user from using and enjoying the website.
2. Use the website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. Interfere with or disrupt any servers or networks used to provide the website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the website.
4. Use the website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
5. Gain unauthorised access to the website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means.
6. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this website.
7. Use the website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
8. Use the website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
9. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the website.
Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to all public forums in the future. Company or its designated agents may remove or alter any user-created content at any time for any reason. Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Company or any of its subsidiaries or affiliates.
Company has no obligation whatsoever to monitor any of the content or postings on the public forums on the websites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Registration
To access certain features of the website, we may ask you to provide certain demographic information. You agree to provide true, accurate, current and complete information about yourself as prompted by the website’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the website, you will need a username and/or password, which you will receive through the website’s registration process or product purchase process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
Participant acknowledges and agrees that no representation has been made by Company OR its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the use of participation in any of Company’s products or programs.
Termination
We may cancel or terminate your right to use the website or any part of the website at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Refund & Returns Policy
If for any reason you are not completely satisfied with your purchase we will give you a
30-day money-back guarantee from the time you receive the goods. Please email us at
kellie (at) kellieobrien.com.au within that time if you are not satisfied with your purchase so that we can resolve any problems.
Delivery Policy
Digital Delivery
After ordering online, you will receive an email confirmation from eWAY or PayPal containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your license/access code via email within one working day.
If you wish to query a delivery please contact us at kellie (at) kellieobrien.com.au.
This Agreement shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Company. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.
Effective: May 22, 2018