This Agreement (“Agreement”) is made effective by and between Rosie Steward, Rosie Spritz (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product from Company’s online shop or booking any coaching sessions (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
1. Digital Product Usage
After purchasing the digital product, Client will be given access to the product materials within [48 hours] through links and logins or downloads delivered in his/her email. Client will have lifetime access to the materials so long as the product(s) is/are available on the platform of purchase. Client Company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product.Client may use the Product for his/her own personal use and business use.
2. Fees & Payment Processing
In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables and remove access of the client to the product. No agreement is formed with a customer until an order has been accepted and processed and confirmation has been sent out. If the Client chooses to purchase through a payment plan, the company will grant access to the complete product as long as payments are received on time. In the event payments are not received within a 24hrs period, Company reserves the right to remove access to the product until further payment has been received. If the Client chooses to use Coupons or discount codes these have to align with the dates, times and policy attached to the codes and must be applied before check out. The company will not refund client in the event that coupon was forgotten to be applied before purchase.
3. Refund & Rescheduling Policy
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances. If the Client has purchased a personal coaching service or healing session, Client will be allowed to reschedule 24 hrs before the session and within 60 days of original booking. If not booked within that time frame, a new booking and payment will have to be made for the service.
4. Personal Information
By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, date of birth, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
5. Copyright
Upon delivery of the digital product to Client, Company hereby transfers and assigns to Client all copyrights regarding the Product.
6. Warranties and Liability
Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
7. Force MajeureIf
the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
8. Guarantees
Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.
9. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that: Every client and final result using the Product is different;
10. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
11. Venue and Jurisdiction
The laws of the Queensland State of Australia govern this contract, and any resulting arbitration shall take place within Queensland, Australia. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
12. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the Australian Center for International Commercial Arbitration (ACICA). The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Queensland, Australia, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
13. Transfer
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
14. Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.