Jena Jaensch t/as Six Degrees of Punctuation

PURCHASE TERMS AND CONDITIONS

Thank you for choosing Six Degrees of Punctuation!

These terms and conditions govern your purchase (Terms and Conditions)

By clicking “accept” you agree to these Terms and Conditions.

1.  Purchase Services
   • The Website is operated by Jena Jaensch t/as Six Degrees of Punctuation t/a Six Degrees of Punctuation (abn: 21319124524). Access to and use of the Website, or any of its associated products or services is provided by Six Degrees of Punctuation.
   • The Website provides you with an opportunity to browse and purchase a group course (Course), various self-guided online courses (Course), Eproducts (Eproducts), that have been listed for sale through the Website (Products). The Website additionally offers you the opportunity to browse Six Degrees of Punctuation The Website provides this service by way of granting you access to the content on the Website (Purchase Services). The Website also provides you with the opportunity to access and download free digital products (Eproducts).
   • You have agreed to purchase Products through the Website.
   • These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and Services information page (Information Page) of the Website.
2.  Acceptance of the Terms and Conditions
   • You accept the Terms and Conditions by remaining on the Website. you may also accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions where this option is made available to you by Six Degrees of Punctuation in the user interface.
3.  Personal Information
   • When purchasing the Services, you will be required to provide personal information such as your full name, password 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 Six Degrees of Punctuation Privacy Policy (Privacy Policy) which can be accessed which is available on the Website.
4.  Registration to use the Purchase Services
   • In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
     • E-mail Address
     • Password
     • ABN/ACN
     • Address
   • You warrant that any information you give to Six Degrees of Punctuation in the course of completing the registration process will always be accurate, correct and up to date.
   • Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
   • You may not use the Purchase Services and may not accept the Terms if:
     • you are not of legal age to form a binding contract with Six Degrees of Punctuation; or
     • you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

5.  Your obligations as a Member
   • As a Member, you agree to comply with the following:
   • You will use the Purchase Services only for purposes that are permitted by:
     • the Terms;
     • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
     • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
     • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Six Degrees of Punctuation of any unauthorised use of your password or email address or any breach of security of which you have become aware;
     • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Six Degrees of Punctuation providing the Purchase Services;
     • you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
     • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Six Degrees of Punctuation for any illegal or unauthorised use of the Website; and
     • you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

6.  Purchase of Services 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 (Purchase Price).
   • Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (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 Six Degrees of Punctuation, you will be issued with a receipt to confirm that the payment has been received and Six Degrees of Punctuation 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 exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive Where the services are provided outside Australia, GST is inapplicable.
   • In the event that you are making payment under a payment plan, and any payment under the Terms is not made in full on the due date, Six Degrees of Punctuation 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 the Terms, any costs incurred by Six Degrees of Punctuation for steps taken to enforce payment terms will be recoverable and payable by you.
7.  Delivery of Course and Licence Information

If you are purchasing a Product that include access to an online educational platform the following clauses will apply.

• Each Course purchase grants to you access to the Course through Kajabi or other platforms used from time to time (Member Portal).
• When you purchase a Course through the Website, Six Degrees of Punctuation 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 (Licence).
• The Licence is valid for the Course term outlined in the Course information page of the relevant Course (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.
• The 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 Course materials, digital resources, and access to any other aspect of the Course.

8.  Course Refunds
   • You must notify Six Degrees of Punctuation of an intention to cancel your involvement in the Course as soon as practicable through e-mail to hello@com.au and abide by the following (Cancellation Policy).
   • The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Fees are non-refundable.
   • For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Six Degrees of Punctuation reserves the right to immediately collect all outstanding amounts of the Fees without notice by charging your method of payment, and your access to the Course will be revoked.
9.  Group Course
   • As a participant in a group Course (Participant), you expressly agree that you will not, through any means:

• harm, harass, hassle or abuse other Participants; or
• send un-welcomed communication such as spam to other Participants; or
• act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
• infringe the intellectual property or privacy rights of any Participant or any third-party.
  • Six Degrees of Punctuation, at its discretion, reserves the right to remove, edit or alter any content created by you or on the Facebook Group or any other platform utilised in the delivery of the Products.
  • Six Degrees of Punctuation retains the right to deny you access to the Products at any time for breach of this Agreement.

10.  Delivery – Eproducts
    • Eproducts are delivered 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 hello@com.au.
    • Six Degrees of Punctuation 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
11.  Refunds and Returns
    • Six Degrees of Punctuation does not provide refunds for Eproducts. Please keep this in mind when making a purchase.
12.  Warranty
    • Six Degrees of Punctuation will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Six Degrees of Punctuation makes no warranty that the Products will meet your requirements or that all clients will achieve the same results.
    • The Products comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Products, you are entitled to cancel your contract with Six Degrees of Punctuation, and 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.
13.  Disclaimer
    • You are solely responsible for creating and implementing Your own business, financial, marketing, mental decisions, choices, actions and results arising out of or resulting from the Products and Your group sessions and interactions with Six Degrees of Punctuation. As such, You agree that Six Degrees of Punctuation is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Products provided by Six Degrees of Punctuation.
    • You are solely responsible for creating and implementing Your own business, financial, marketing, mental decisions, choices, actions and results arising out of or resulting from the Products and Your group sessions and interactions with Six Degrees of Punctuation. As such, You agree that Six Degrees of Punctuation is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Products provided by Six Degrees of Punctuation.
    • You understand that the Products, and any information You receive through Your involvement in the Products, or through any materials and documents provided to You are not a substitute for psychological, legal, business or financial advice. Six Degrees of Punctuation recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Products. Six Degrees of Punctuation will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.
14.  Information Disclaimer
    • Any information, advice, content or documentation provided on the Website, through the Products, Eproducts, Member Portal, blog, and through the Course or accompanying Course materials, social media accounts, or on any other related platform do not constitute professional, financial, business 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 on the Website, through the Products, Eproducts, Member Portal, blog, and through the Course or accompanying Course materials social media accounts, podcast, or on any other related platform. Six Degrees of Punctuation does 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, Six Degrees of Punctuation will 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 on the Website, through the Products, Eproducts, Member Portal, blog, and through the Course or accompanying Course materials, social media accounts or on any other related platform.
15.  Liability and waivers
    • Liability

Six Degrees of Punctuation’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.

• Waivers
• A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
• The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

16.  Disclosure and Use of Confidential Information

• Confidential information means any information that is:
• processes, methodologies, statements, formulae, trade secrets, information (and copies and extracts made of or from that information and data) that is not in the public domain; and
• confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information (Confidential Information).
• All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services.
• Six Degrees of Punctuation must not disclose any Confidential Information to any third party without your prior consent.
• These Terms and Conditions prohibits the disclosure of Confidential Information by Six Degrees of Punctuation with exception to the following circumstances:
• the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and Conditions and you have consented to the disclosure of such information to the professional adviser;
• the disclosure is required by applicable law or regulation; or
• if the confidential information is already in the public domain at no fault of Six Degrees of Punctuation.

17.  Copyright and Intellectual Property Rights

• You agree that any works, documentation, materials, Services content, creative works or information of whatever nature produced or developed by Six Degrees of Punctuation or under Six Degrees of Punctuation’ direction pursuant to or in the course of providing the Services will remain the sole and complete property of Six Degrees of Punctuation, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
• There is no assignment of Intellectual Property Rights by Six Degrees of Punctuation to you pursuant to these Terms and Conditions.
• Nothing in these Terms and Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.

18.  Dispute Resolution & Mediation

If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.

19.  Force Majeure
    • If circumstances beyond Six Degrees of Punctuation’s control prevent or hinder its provision of the Services, Six Degrees of Punctuation is free from any obligation to provide the Services while those circumstances continue. Six Degrees of Punctuation may elect to terminate these Terms or keep the Agreement on foot until such circumstances have ceased.
    • Circumstances beyond Six Degrees of Punctuation’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
    • For the sake of clarity, if in Six Degrees of Punctuation’s reasonable opinion, the provision of the Services will be affected by a pandemic, Six Degrees of Punctuation may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Six Degrees of Punctuation will not be liable for any losses or damage due to a pandemic. If You choose to terminate an agreement due to a pandemic, the relevant cancellation or termination clause will apply.
20.  Indemnification

You hereby indemnify and agree to keep indemnified Six Degrees of Punctuation 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.

21.  Marketing

You agree that any testimonials that may be provided by you from time to time may be used by Six Degrees of Punctuation for marketing purposes.

22.  Governing Law & Jurisdiction

This Agreement is governed by the laws of South Australia, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Services, Six Degrees of Punctuation agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in South Australia, Australia.

23.  No partnership or agency

Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

24.  Assignment

This agreement may not be assigned without the consent of both parties.

25.  Variation

This agreement may not be changed or modified in any way except in writing.

26.  Severance

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.

27.  Entire Agreement

This agreement constitutes the entire agreement of the parties in respect of the matters dealt with in this agreement and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in this agreement.