TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of
www.theaquaponicslady.com (the "Site"). This Site is owned and operated by Candy Alexander. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS
YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Candy Alexander and the Site's creators. This includes, but is not limited to
images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our
Site for illegal purposes, and not to:
· Harass or mistreat other users of our Site;
· Violate the rights of other users of our Site;
· Violate the intellectual property rights of the Site owners or any third party to the Site;
· Hack into the account of another user of the Site;
· Act in any way that could be considered fraudulent; or
· Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
· Photos;
· Videos; and
· Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions. Accounts
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive
information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes. We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site:
· Digital programs and packages;
and
· Digital Books.
The Life Skills and Capacity Building Program with Aquaponics is only available to NDIS particpants, all other interested parties need to purchase other courses and pay via credit card.
Once the invoice has been paid in full, the participant will have immediate access to the program, and the water quality products will be shipped out. If the invoice isn’t paid, there will be no access to the program or course.
The products supplied cannot be exchanged, given credit for or removed from the program price.
The participant is responsible to collect items if not home for delivery otherwise items will be returned to sender according to Australian Post T&C. Refund of physical products returned to supplier may be refunded at the supplier and company discretion minus return shipping & handling fees. No refund will be issued for the program, access is still provided.
Physical products may be reordered any time at the cost of the Participants.
The services will be paid for in full when the services are ordered. These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
User Goods and Services
Our Site does not allow users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
Payments
We accept the following payment methods on our Site:
· Invoice to allow payment via bank transfer or credit card
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
Refunds for Goods, digital or physical, or services All goods sold on our Site are non-refundable.
Refunds for Services and products
We provide refunds for services sold on our Site as follows:
· Refunds are not provided for our products and/or services, including where you have been given access to Our
Content or our Online Aquaponics Community, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth). Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply. Limitation of Liability
Candy Alexander and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims,
losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Candy Alexander and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Queensland.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Candy Alexander are unable to resolve any dispute through informal
discussion, then you and Candy Alexander agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Candy Alexander. The costs of any mediation will be shared equally between you and Candy Alexander.
Notwithstanding any other provision in these Terms and Conditions, you and Candy Alexander agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Additional Terms It is the responsibility of the participant, guardian and/ or support coordinator to identify if the participant is suitable for the online program. All effort will be made to explain and assist with the learning, however The Aquaponics lady, Candy Alexander is not liable for improper management, building or caring of the aquaponics system, nor liable for the safety of the participant or support worker while they are building or caring for their aquaponics system.
It is agreed that any and all Facebook support groups included in the program are to assist with aquaponics related questions and support, with the hope of increasing engagement with participants and other in the community. Discussions relating to mental health, disability or negative posts will be removed from the group, a warning given and if these discussions continue, the participant will be removed. The support worker can assist the participant with access to all parts of the course and support group, however they do not have permission to access without the participant, nor misuse the participant login details.
· All The Aquaponics Lady products
and services are intended for general education and information purposes only.
Nothing on this Site, or any of the content provided to you by us during our
provision of the products and/ or services, purports to offer legal, medical,
tax or other professional advice. Use caution and always seek professional
advice before acting on any information that we provide.;
· The Aquaponics Lady provides
support, guidance and tools for you to set goals, determine priorities and
achieve results, but any decision you make, and the consequences that flow from
such decisions, is your sole responsibility. Your success depends on many factors,
including your dedication, participation, desire, and motivation.;
· The Aquaponics Lady cannot and
does not make any guarantees about your ability to get results or earn any
money with our ideas, information, tools, or strategies. You acknowledge that
there is an inherent risk in using tools, electricity and water. You must take
all care in the use of tools and follow the instructions of each tool you you.
You agree there is no guarantee that you will produce any the same level
of fish or vegetables that are mentioned in advertising as each system is
designed differently.;
and · You agree that you cannot
use, replicate or copy any of the information you receive from The Aquaponics
Lady, to use for commercial purposes..
Severability
If at any time any of the provisions set forth in these Terms and Conditions
are found to be inconsistent or invalid under applicable laws, those provisions
will be deemed void and will be removed from these Terms and Conditions. All
other provisions will not be affected by the removal and the rest of these
Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to
maintain compliance with the law and to reflect any changes to the way we operate
our Site and the way we expect users to behave on our Site. We will notify
users by email of changes to these Terms and Conditions or post a notice on our
Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details
are as follows:
______________________________________
Waterford, Queensland 4133 You can also contact us through the feedback form
available on our Site. Effective Date: 1st day of June, 2023