GOODS AND SERVICES TERMS AND CONDITIONS These terms and conditions (Terms and Conditions) relate to the sale of goods and services (Services) on www.theaquaponicslady.com (Site). It supplements the Conditions of Use of the Site, which all individuals who use or access the Site are subject to and which can be viewed on the Site.
The owner of the Site, and the provider of the Services, is Candy Rebane Alexander (ABN 77 850 687 394) (The Aquaponics Lady).
Account If you wish to have access to and potentially acquire the Services, and any products and services that The Aquaponics Lady offers through the businesses that it partners with, you will be required to sign up for an account. You will then be a “Member”, and have access to the “Member Portal” through the Site.
Account Creation
In order to become a Member, you must create an account through the Site. You agree to provide us with accurate, complete and up to date information about yourself when creating your account.
You represent and warrant that you are at least 18 years old and that you are legally capable of entering into a binding contract – if you are not 18 years old, then you must obtain the consent of your parent or legal guardian and they must agree to these Terms and Conditions on your behalf.
You are responsible for ensuring the security and confidentiality of the user name and password for your account. If you become aware of or suspect any unauthorised use of your account by any other individual or any other breach of security, you must notify The Aquaponics Lady as soon as practicable. You are responsible for any activity associated with your account.
You must not, and must not permit any third party to, access, use or otherwise interact with the Services to, or in a manner that will affect the security of your account (or the account of any other Member), such as by impersonating any person or entity or allowing a third party to log in to your account and access the Services as you.
Suspending or de-activating your account
Your account (and access to the Member Portal and other Services) may be suspended temporarily or de-activated permanently by us if you are in material breach of these Terms and Conditions.
If we suspend or de-activate your account because you have breached these Terms of Use you must not attempt to use your account or the Member Portal or other Services for Members under any other name or user or on any other device.
Members may, at any time, de-activate their account by providing written notice to The Aquaponics Lady.
If your account is suspended and not reinstated within [14] days or de-activated, you will be entitled to a refund for any goods or services you have ordered but not received.
Nature of the Services
The Services available on the Site take the form of:
1. a digital training course (Digital Course) and a digital book concerning aquaponics, among other things (together, Digital Resources); and
2. other goods sold in connection with the practice of aquaponics.
You agree to pay for any Services in full at the time of ordering. Any Services purchased by you will not be delivered by The Aquaponics Lady or made available on the Site until such time as The Aquaponics Lady has received payment in full for the particular Services ordered.
Subject to the ‘Business partners and other Third Party Sites’ section of these Terms and Conditions, all information, descriptions, or images provided on the Site about our Services are accurate to the reasonable knowledge of The Aquaponics Lady and as at the time of publication.
The Aquaponics Lady reserves the right to reject or cancel your order for any reason, and to modify your order upon receipt of your written consent (for a revised price or product as appropriate). If The Aquaponics Lady cancels your order and has already processed your payment, The Aquaponics Lady will give you a refund equal to the amount you have paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Use of the Services
You agree to only use the Services in accordance with these Terms and Conditions and applicable laws. You may be held personally liable for any unlawful use of the Services by you.
You must not, and must not permit any third party to, access, use or otherwise interact with the Services to, or in a manner that will:
• infringe the intellectual property rights or any other rights of The Aquaponics Lady or any other person;
• apply any process (including data scraping, crawling, bots, spiders or similar) that accesses, processes, copies, replicates, publishes, analyses, modifies or reconfigures any page, data or part of the Site, or the Services;
• decompile, disassemble, reverse engineer or otherwise attempt to obtain any source code or processes of or relating to the Site or any other Services;
• disrupt or interfere with the operation of the Site or any Services, or place an unreasonable load on the hardware or other infrastructure of or used to provide the Site;
• introduce into or transmit any virus, worm or other harmful code via the Site or any computer network; or
breach any law, or publish or disseminate any unlawful, defamatory, indecent, offensive or otherwise inappropriate material or use the Site to defame, harass, threaten or offend any other person.
Digital Resources
Purchase
Only a Member may purchase the Digital Resources. Upon making a one-time payment, and subject to your compliance with these Terms and Conditions, The Aquaponics Lady grants you a personal, non-exclusive, non-transferable, royalty-free, and revocable license to access the Digital Resources.
The Digital Resources are accessed via the Member Portal. The Digital Resources may be updated from time to time, however, you will have to purchase the relevant Digital Resources again if you want to access the latest version.
Safety
The Digital Resources may include content referencing the use of power tools and electronic equipment (Tools). You acknowledge that the use of Tools involve safety risks and that you are responsible for your own safety.
If you are under the age of 16, you must only use the Tools under the supervision or guidance of your parent or legal guardian.
If you are a National Disability Insurance Scheme (NDIS) participant and under the age of 16, you must only use the Tools under the supervision or guidance of a support worker, parent or legal guardian.
Personal information
If you are a NDIS participant and you wish to purchase the Digital Course, we may request your personal information, including your NDIS participant number and the name and email address of your NDIS support coordinator. This is for the purposes of verifying whether the Digital Course aligns with your NDIS plan and the issuance of an invoice.
All personal information collected by The Aquaponics Lady is subject to our privacy policy found at: https://theaquaponicslady.com/privacy-policy.
Business partners and other third party sites
The Site may contain, and the Services may provide, links to other sites, including the websites of business partners of The Aquaponics Lady (Business Partners), and may display content or information from such other sites within frames. While we use reasonable endeavours to ensure the accuracy of the content contained in the Services, we are not responsible or liable for third party content or information, and do not warrant the accuracy, completeness, currency or suitability of that information for any purpose. Your access to and use of those sites is at your own risk. Any links are provided for convenience only, and do not indicate any endorsement or recommendation by us.
Without limiting the these Terms and Conditions, and to the full extent permitted by law, The Aquaponics Lady does not warrant or guarantee the accuracy or completeness of any third party content or information. You should confirm the accuracy and completeness of all information about any Business Partner with them, before entering into any arrangement with that Business Partner as a Member through the Services.
The Services and the Digital Resources may provide you with certain information and advertising material about the products and services of a Business Partner., but do not (and The Aquaponics Lady does not):
• endorse any product or service or make any recommendation or suggestion, whether general or personal to you, about the suitability, availability or value of a product or service of a Business Partner ; or
• take into account your personal circumstances or needs in relation to any product or service.
If you enquire about the product or service of any Business Partner, you will deal directly with that Business Partner as the provider of that product or service. Any decision by you to acquire any product or service of a Business Partner is yours, and The Aquaponics Lady recommends that you carefully evaluate your own personal circumstances and whether a product or service is suitable for you, and seek any financial or legal advice you may require, before making any decision to acquire the product or service.
The arrangement between you and a Business Partner whose product or service you acquire through the Services is between you and that Business Partner. The Aquaponics Lady is not a party to that arrangement. A Business Partner may impose eligibility and other conditions to its products and services which you may need to meet or satisfy before you can acquire that product or service – The Aquaponics Lady does not guarantee that any particular product or service can be provided to you.
Payments
The Aquaponics Lady accepts only the ‘Stripe’ payment method on the Site.
When you provide The Aquaponics Lady with your payment information, you authorise the use of and access to the payment instrument you have chosen to use by the Site and The Aquaponics Lady. By providing The Aquaponics Lady with your payment information, you authorise The Aquaponics Lady to charge the amount due to this payment instrument.
Refunds
Under the Australian Consumer Law, certain statutory guarantees (Consumer Guarantees), rights and remedies may be conferred on you which cannot be excluded, restricted or modified.
No clause of these Terms and Conditions, limits The Aquaponics Lady’s liability to you under the Australian Consumer Law for breach of the Consumer Guarantees.
Subject to your rights to refunds and other remedies under the Consumer Guarantees or as otherwise provided in these Terms and Conditions all goods and services sold on the Site are non-refundable or redeemable except at the discretion of The Aquaponics Lady (acting reasonably).
Limitation of Liability
To the maximum extent permitted by law, The Aquaponics Lady excludes all liability for any loss, damage or injury (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you may suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise resulting from your access to (or inability to access) or use of the Services, whether as a Member or otherwise, except to the extent such loss, damage or injury is caused or contributed to by The Aquaponics Lady’s gross negligence, wilful misconduct, or breach of law.
No waiver
If The Aquaponics Lady does not take action in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by The Aquaponics Lady of any right or remedy in respect of any existing or future breach of these terms.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Queensland.
Although the Site and the Services may be accessible outside of Australia, we make no representation that the Site or Services comply with the laws of any other country. If you access the Site or the Services from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on the Site or Services.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and The Aquaponics Lady are unable to resolve any dispute through informal discussion, then you and The Aquaponics Lady 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 The Aquaponics Lady. The costs of any mediation will be shared equally between you and The Aquaponics Lady.
Notwithstanding any other provision in these Terms and Conditions, you and The Aquaponics Lady 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.
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.
Updates
These Terms and Conditions may be amended from time to time where required by The Aquaponics Lady for a commercial purpose. The Aquaponics Lady will provide reasonable advance notice in writing of any changes to these Terms and Conditions. If you consider (acting reasonably) that an amendment to the Terms and Conditions will have a material adverse impact on you and no longer wish to retain your account under the amended Terms and Conditions, you may terminate your account by written notice and you will be entitled to a refund for any goods or services you have ordered but not received.
Contact Details
Please contact The Aquaponics Lady if you have any questions or concerns. The Aquaponics Lady’s contact details are as follows:
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Waterford, Queensland 4133 You can contact The Aquaponics Lady through the feedback form available on the Site. Effective Date: 01.01.2024