Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to alfeenvarghese.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and alfeenvarghese.com’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that alfeenvarghese.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), alfeenvarghese.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of alfeenvarghese.com. Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
alfeenvarghese.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of alfeenvarghese.com.
LINKS TO OTHER WEBSITES
alfeenvarghese.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between alfeenvarghese.com and the owners of those websites. alfeenvarghese.com takes no responsibility for any of the content found on the linked websites. alfeenvarghese.com’s website may contain information or advertisements provided by third parties for which alfeenvarghese.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, alfeenvarghese.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. alfeenvarghese.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of alfeenvarghese.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
alfeenvarghese.com may be required, in certain circumstances, to disclose information in good faith and where alfeenvarghese.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of alfeenvarghese.com. alfeenvarghese.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then alfeenvarghese.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. alfeenvarghese.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. alfeenvarghese.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and alfeenvarghese.com concerning your use and access to alfeenvarghese.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and alfeenvarghese.com that results in litigation then you must submit to the jurisdiction of the courts of QLD.
Online Coaching Terms and Conditions
ENERGISE YOUR MIND
Welcome to our Website. We provide a number of Programs designed to assist clients in managing their mindset and achieving empowerment.
These Terms and Conditions (Terms) apply to the client using our Services. In using the Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time.
Content means the specific Materials that we provide to you as part of your Program.
Confidential Information means any written or oral information that is provided or disclosed by either party directly or indirectly through any means that is not already in the public domain, and may include personal information, business information, recordings of group sessions, and information provided by you or other participants as part of the Services.
Materials means ebooks, literature, newsletters, audio and video recordings, email content, or other material which we may provide you as part of the Services or which enable us to provide the Services to you from time to time.
Personal information has the same meaning as set out in the Privacy Act 1988 (Cth).
Program means the online program which includes modules, videos, private group coaching access and other materials from time to time as advised on or through our website.
Services means the delivery of our online coaching Programs and any related services provided by us, and as agreed from time to time.
We, Our and Us means Energise Your Mind including its directors, employees, contractors and affiliates.
Website means alfeenvarghese.com.
You means the client using the Services.
HOW IT WORKS
The Program is available to any individual client who prepays and purchases the Program.
You will be provided with lifelong access to the Content to work through at your own pace.
We will provide the Services and Materials to you in accordance with these Terms. You are bound by these Terms when you instruct us to proceed, by making a payment, or by confirming acceptance via email or other written means.
In order to receive benefit from the Services, we recommend that you commit to the full period for our sessions and programs.
You are not permitted to on-sell, share or otherwise give access to the Programs or Materials to any other person. Your access of the Programs and Materials is for your own personal use and any other use or access is not permitted.
We offer a number of different Programs. The Programs may be modified from time to time but up to date details of our Programs are provided on our Website and/or communicated to you at the time that you purchase the Program.
The Programs are comprised of modules. Each module includes a prerecorded audio lesson which is delivered by Zoom. Each module also includes action tasks which are provided via handouts and worksheets.
By purchasing a Program, you accept that the Program will be delivered in accordance with the description on our Website and/or as otherwise communicated to you at the time of your purchase.
We may offer a variety of Materials for purchase on the Website, including ebooks or paperback books (“Purchasable Materials”).
You acknowledge and agree that you use these Purchasable Materials at your own risk.
You acknowledge and agree that you must use the Purchasable Materials in accordance with these Terms.
You acknowledge and agree that we own the intellectual property rights in relation to the Purchasable Materials and we grant you a licence to use the intellectual property in the Purchasable Materials subject to these Terms.
By providing us with your payment and credit card details, you authorise payment for the Services. We require full payment in advance for the Program and all Services.
All Programs and Services are non-transferrable.
In the event that we do not receive payment, or if you do not perform your obligations under these Terms, we may refuse to continue to provide the Services including access to the Programs until such time as we receive your payment.
WARRANTIES AND REFUNDS
Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (ACL). At no time are these statutory rights sought to be excluded.
We represent and warrant that:
(a) in providing the Services, we will comply with all applicable laws and industry standards;
(b) the Services will be provided to a high standard in accordance with best practice; and
(c) the scope of the Services will be limited to that agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms.
We do not provide refunds for change of mind.
Any other refund will be provided in our sole discretion and we at all times abide by Australian Consumer Law with respect to all refunds. At no time do we seek to exclude or limit your statutory rights with respect to any refund.
You warrant that:
(a) you will not share your password or login details with any other person, and you will keep your contact, payment and other information updated;
(b) all information you provide is true, accurate, correct and up-to-date;
(c) you will not transfer, sublicense or grant access to any of our Programs, Services or Materials to any other person, company, or business except as agreed in these Terms;
You acknowledge and agree that:
(a) we are not your doctor or healthcare professional and are not providing you with professional medical advice;
(b) results of the Services will vary from individual to individual as performance, progress and success of any particular part of the Services are dependent on your own situation and participation, and other factors beyond our control;
(c) we cannot and do not guarantee any particular results;
(d) you are solely responsible for your own progress. You are not to participate in any of our sessions or programs if you suffer from psychosis, severe mental illness, are on any mind altering drugs or other hallucinogens;
(e) if at any time during the Services you feel that your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give reasonable efforts to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance;
(f) the Materials, the Program and the Services are provided to you for information purposes only, and you use them at your own risk. You need to make your own decisions, enquiries and analysis, including seeking advice from a qualified professional, and decide if your own choice is suitable for your own particular purposes or situation; and
(g) your health is important to us. You need to make your own enquiries to determine if the information, Programs, Services, Materials, products and services offered (hereinafter “Items”) are appropriate for your intended use and suitable for your needs prior to engaging in any sessions or Programs. The Items are not intended or to be construed as or to replace professional medical or health advice. The modules and information provided in our Programs may affect your health. All decisions about treatment and management of any condition should be made with a healthcare professional, considering your personal medical history and circumstances. You should consult your healthcare professional prior to commencing any treatment.
If at any time any aspects of the Services are not reasonably acceptable to you, or you disagree with us in relation to the Services, you must immediately notify us of any of your concerns and give us a reasonable opportunity to respond and address those concerns. Feedback and discussion are important to the Programs and the provision of the Services and it is up to you to provide such feedback in order to give us an opportunity to resolve any issue quickly and effectively.
If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute in relation to the work, quality or ownership that cannot be resolved, both parties agree to obtain, at their own cost, an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute.
We may provide you with Materials from time to time during and to enable the provision of the Services, or via any Purchasable Materials that you purchase. All Materials are provided without warranties of any kind, whether express or implied. Any Materials, both tangible and intangible, which are provided or may be developed as a result of or during the Services is and will remain our property at all times. No Materials may be reproduced or used for any purpose other than your personal private use and at no time may the Materials be reproduced and provided to third parties without our express written permission.
If there is any breach of these Terms, the party that has committed the breach must remedy or rectify the breach promptly.
We may, in our sole discretion, decide to stop the Services for any reason including if we believe that the working relationship has broken down including a loss of confidence and trust, or for any other reason outside our control which has the effect of compromising our ability to perform the Services. In the event of such termination by us, payment must be made up to the date of the last Services and any other monies paid in advance will be refunded to you.
In the event of any termination by you, payment for the full terms of the Services as agreed becomes immediately due and payable unless otherwise agreed by us.
LIMITATION OF LIABILITY AND INDEMNITY
We are in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Services. You shall indemnify us and hold us harmless from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against us in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).
Our liability is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
You acknowledge and agree that you use the Services at your own risk. In engaging the Services, you agree that you are liable for and agree to indemnify and hold us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Programs, Services or Materials, or in connection with any of the Services, including but not limited to any third-party claims. In particular, you acknowledge that the Services are provided as a guide for your personal health and well-being. Any actions, activities or decisions you decide to take as a result of, in conjunction with, or after engaging the Services, is your own decision and we are in no way directly or indirectly responsible for any such actions, activities or decisions based on any discussions or information we may provide.
In any case, our liability is limited at all times to the amount of the last invoiced fees paid by you.
We may collect information from you in order to operate our Website and to provide our Services.
We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is collected, stored and used.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
MODIFICATION OF WEBSITE, PROGRAMS, OR MATERIALS
We reserve the right at any time and from time to time to remove, delete, alter or amend any Material, Programs, Services or the Website at any time without notice. We will not be liable to you or any third party for any modification when it is required.
We make no representation that the operation of the Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
This Agreement is governed by the laws from time to time in force in the State of Queensland, Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of Queensland, Australia for determining any dispute concerning these Terms.
☑ I have read these Terms and agree to be bound by them.