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PRIVACY POLICY AND TERMS & CONDITIONS BELOW.

TERMS AND CONDITIONS

These terms and conditions are between Blossoming Speaker Pty Ltd (ABN 24 656 229 506), (we, us or our) and you, the party requesting Services on the Site (you or your), together the Parties and each a Party. These terms and conditions form the entire agreement under which we will provide the Services to you.

  1.  OUR DISCLOSURES
    • Please read this Agreement carefully prior to accepting this Agreement. By accepting this Agreement, you agree that:
  • your failure to pay the Price in accordance with the Payment Terms may result in us charging you interest, or suspending the provision of the Services until we receive payment;
  • subject to your Consumer Law Rights, you have not relied on any representations or warranties made by us prior to entering this Agreement that are not included in this Agreement;
  • you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including legal fees, debt collector fees and mercantile agent fees);
  • subject to your Consumer Law Rights, we will not refund any amounts paid by you;
  • subject to your Consumer Law Rights, we exclude our Liability for your (or your Personnel’s) acts or omissions, any use of the Services by a person other than you, any works, services, goods materials or items which do not form part of the Services set out in this Agreement, events beyond our reasonable control (including Force Majeure Events), and for a delay in the provision of the Services; and
  • subject to your Consumer Law Rights, our Liability for the provision of the Services will be limited to, at our discretion the resupply of the Services or the repayment of the Price paid by you to us.
    • This Agreement does not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
  1.  ACCEPTANCE
    • You have requested the Services set out on the Site, and you accept this Agreement by the earlier of:
  • clicking “I accept”;
  • registering on the Site; or
  • making part or full payment of the Price (including any deposit).
    • This Agreement will commence on the Start Date and will continue until the End Date, unless earlier terminated in accordance with its terms.
  1.  SERVICES
    • If you request us to provide Services through the Site, you are making an order to receive the Services for the Price listed on the Site. Following successful payment of the Price through the Site, an account will be created for you and you will be provided with a username and password to access your account. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
    • In consideration of your payment of the Price, we agree to provide you the Services in accordance with this Agreement, whether ourselves or through our Personnel.
    • We will not be responsible for any Services unless expressly set out in the inclusions on the Site.
    • You acknowledge and agree that any dates for delivery or for completion notified by us are estimates only. We agree to use reasonable endeavours to provide the Services within a reasonable time.
    • All variations to this Agreement must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instruction or direction from you constitutes a variation to the scope of our obligations under this Agreement, or would result in us suffering or incurring any additional cost or delay, then we will not be obliged to comply with such instruction or direction unless agreed in accordance with this clause 5.
  2.  PRICE AND PAYMENT
    • In consideration for us providing the Services, you agree to pay us the Price, and any other amount payable to us under this Agreement, in accordance with the Payment Terms. All amounts are stated in Australian dollars and are exclusive of GST (unless otherwise stated).
    • You also agree to pay any other expenses reasonably and directly incurred by us, and approved in advance by you, for the purpose of the supply of the Services.
    • The payment methods we offer are set out on the Site. We may offer payment through a third-party provider (for example Stripe and PayPal, via Kajabi). You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
    • You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. We do not store any credit card details, and all payment information is collected and stored through our third-party payment providers.
    • If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion):
  • charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with the Payment Terms; and
  • After a period of 5 Business Days, cease providing the Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so (including legal fees, debt collector fees and mercantile agent fees).  
    • If and when applicable, GST payable on the Price will be set out on the Site. You agree to pay the GST amount at the same time as you pay the Price.
  1.  OBLIGATIONS AND WARRANTIES
    • Each Party represents, warrants and agrees that:
  • it has full legal capacity, right, authority and power to enter into this Agreement, to perform its obligations under this Agreement, and to carry on its business;
  • this Agreement constitutes a legal, valid and binding agreement, enforceable in accordance with its terms;
  • if applicable, it holds a valid ABN which has been advised to the other Party; and
  • if applicable, it is registered for GST purposes.
    • You represent, warrant and agree:
  • to comply with this Agreement and all applicable Laws;
  • you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for your particular purposes), unless expressly stipulated in this Agreement;
  • that you (and to the extent applicable, your Personnel) will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services;
  • that the information and documentation you provide to us is true, correct and complete;
  • that you will provide us and our Personnel with sufficient access, free from harm or risk to health or safety, to your Premises (including any facilities at your Premises), to enable us to provide the Services, including at the dates and times that we may reasonably request; and
  • you will not infringe any third party rights in working with us and receiving the Services.
  1.  TERMINATION
    • This Agreement will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
  • the other Party (Defaulting Party) breaches a material term of this Agreement and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
  • the Defaulting Party is unable to pay its debts as they fall due.
    • Upon termination or expiry of this Agreement:
  • we will immediately cease providing the Services;
  • without limiting your Consumer Law Rights, you agree that any payments made by you to us are not refundable to you;
  • you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been charged to you, and all other amounts due and payable under this Agreement;
  • by us pursuant to clause 1, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including legal fees, debt collector fees and mercantile agent fees); and
  • you agree to promptly return (where possible), or delete or destroy (where not possible to return), any information, documentation or material owned by us that is in your possession or control, subject to any rights you may have to any Intellectual Property in accordance with clause 9.
    • The accrued rights, obligations and remedies of the Parties are not affected by termination of this Agreement.
    • This clause 6 will survive the termination or expiry of this Agreement.
  1.  YOUR CONSUMER LAW RIGHTS
    • Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in this Agreement excludes your Consumer Law Rights as a consumer under the ACL.
    • You agree that our Liability for the Services is governed solely by the ACL and this Agreement.
    • Subject to your Consumer Law Rights, we exclude all implied warranties, representations and guarantees of any kind (whether statutory or otherwise), unless expressly stipulated in this Agreement.
    • Subject to your Consumer Law Rights, all amounts paid by you for the Services are non-refundable.
    • This clause will survive the termination or expiry of this Agreement.
  2.  LIMITATION OF LIABILITY
    • Exclusions to Liability: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
  • your or your Personnel’s acts or omissions;
  • any use of the Services by a person or entity other than you, or other than as reasonably contemplated by this Agreement;
  • any works, services, goods, materials or items which do not form part of the Services, or which have not been provided by us; or
  • any event outside of our reasonable control,

except to the extent such Liability was caused by our (or our Personnel’s) negligent acts or negligent omissions.

  • Limitation of Liability: Despite anything to the contrary, to the maximum extent permitted by law, and subject to your Consumer Law Rights: 
  • neither Party will be liable for any Consequential Loss;
  • a Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
  • our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
    • This clause will survive the termination or expiry of this Agreement.
  1.  INTELLECTUAL PROPERTY
    • As between the Parties, each Party retains all Intellectual Property Rights in its Intellectual Property developed prior to or independently of this Agreement. Nothing in this Agreement constitutes an assignment or transfer of such rights.
    • As between the Parties, ownership of all Intellectual Property Rights in any Intellectual Property developed, adapted, modified or created in connection with this Agreement or the performance of the Services will at all times vest, or remain vested, in us.
    • You grant us a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, for the duration of this Agreement, to use your and your Personnel’s Intellectual Property solely for the performance of our obligations under this Agreement.
    • We grant you a non-exclusive, revocable, perpetual, non-sublicensable and non-transferable right and licence to use Our Materials for non-commercial purposes.
    • In the use of any Intellectual Property Rights in connection with this Agreement, you agree that you must not (and you must ensure that your Personnel do not) commit any Intellectual Property Breach. Where you reasonably suspect that such a breach may have occurred, you must notify us immediately.
    • This clause will survive the termination or expiry of this Agreement.
  2.  CONFIDENTIALITY
    • Subject to clause 2, you must (and must ensure that your Personnel do) keep confidential, and not use or permit any unauthorised use of, all Confidential Information.
    • Clause 1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that you ensure the adviser complies with the terms of clause 10.1.
    • This clause will survive the termination or expiry of this Agreement.
  3.  GENERAL
    •                                                                                                                                                                                                                                                                                      Amendment: This Agreement may only be amended in writing and as agreed by the Parties.                                                                                             
    • Assignment: Subject to clause 3, a Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
    • Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with this Agreement, to a debt collector, debt collection agency, or other third party.
    • Disputes: A Party may not commence court proceedings relating to any dispute arising from this Agreement (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction, or will operate to prevent a Party from taking steps to recover any debt.                                                                                            
    • Entire agreement: Subject to your Consumer Law Rights, this Agreement contains the entire understanding between the Parties, and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in this Agreement, and this Agreement supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
    • Force majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under this Agreement.
    • Further assurance: You agree to promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and your obligations under it.
    • Governing law: This Agreement is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
    • Joint and several Liability: Where you constitute two or more individuals or entities, you will each be jointly and severally liable under this Agreement.
    • Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
    • Online execution: This Agreement may be executed by means of such third party online document execution service as we nominate, subject to such execution being in accordance with the applicable terms and conditions of that document execution service.                                                                                             
    • Precedence: To the extent there is any ambiguity, discrepancy or inconsistency in or between the terms of the Agreement and the Site, this Agreement will prevail.  
    • Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
    • Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.
  4.  INTERPRETATION & DEFINITIONS
    • Words like including and for example are not words of limitation.
    • In this Agreement, unless the context otherwise requires, capitalised terms have the following mean:

Agreement means these terms and conditions, and any documents attached to, or referred to in, each of them. 

Business Days means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.

End Date the date on which we have completed the provision of the Services to you, as notified to you by us.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

GST has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third-party rights, including any Intellectual Property Rights of third parties), including using or exploiting our Intellectual Property for purposes other than as expressly stated in this Agreement (including, without limitation, using our Intellectual Property for commercial purposes or on-selling our Intellectual Property to third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

Our Materials means all documentation and resources that we may provide to you via the Site or in the performance of the Services.

Payment Terms means the Price, method and timing of payment, as set out on the Site.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Premises means the location where the Services are to be supplied.

Price means the price set out on the Site for the performance of the Services.

Services means the services we agree to perform under this Agreement, as further particularised on the Site.

Site means the website located at www.blossomingspeaker.com

Start Date means the date this Agreement is accepted by you in accordance with its terms.

Last Updated: 20 July 2022

 

PRIVACY POLICY 

Effective date: 28 July 2022

 

Blossoming Speaker Pty Ltd (ABN 24 656 229 506) (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our website or children’s public speaking coaching services (Services) or when otherwise interacting with you.

 

The information we collect
 

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
The types of personal information we may collect about you include:

  • your name;
  • images of you;
  • your contact details, including email address, street address and/or telephone number;
  • your credit card or other payment details (through our third party payment processor);
  • your preferences and/or opinions;
  • information you provide to us, including through feedback, customer surveys or otherwise;
  • details of products and services we have provided to you and/or that you have enquired about, and our response to you;
  • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
  • information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
  • additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
  • any other personal information requested by us and/or provided by you or a third party.

Sensitive information: is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.

 

How we collect personal information

We collect personal information in a variety of ways, including:
 

Directly: We collect personal information which you directly provide to us, including through the ‘contact us’ form on our website or when you request our assistance via email, over the telephone or in person while providing our Services.
 

Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone and in your online enquiries.
 

From third parties: We collect personal information from third parties, such as from your employer where they enrol you in our program, details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.

 

Why we collect, hold, use and disclose personal information

We may collect, hold, use and disclose personal information for the following purposes:

  • to provide our Services to you, including to register your attendance at our events and manage your appointments;
  • for focus groups and surveys to help improve our Services;
  • to enable you to access and use our associated applications and associated social media platforms;
  • to contact and communicate with you about our Services, including in response to any support requests you lodge with us or other enquiries you make with us;
  • for internal record keeping, administrative, invoicing and billing purposes;
  • for analytics, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms;
  • for advertising and marketing, including to send you promotional information about our products and services and other information that we consider may be of interest to you;
  • to comply with our legal obligations and resolve any disputes that we may have; and
  • if otherwise required or authorised by law.

 

Our disclosures of personal information to third parties

We may disclose personal information to:

  • third party service providers for the purpose of enabling them to provide their services, to us, including (without limitation) our web-hosting and server, email marketing and customer relationship management provider, Kajabi, debt collectors, marketing or advertising providers, professional advisors and payment systems operators such as Stripe and Paypal;
  • our employees, contractors and/or related entities;
  • our existing or potential agents or business partners;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
  • any other third parties as required or permitted by law, such as where we receive a subpoena.

 

Overseas disclosure

While we store personal information in Australia, where we disclose your personal information to the third parties listed above, these third parties may store, transfer or access personal information outside of Australia, including but not limited to the United States of America.

 

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint.

 

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

 

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

 

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

 

Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

 

For any questions or notices, please contact us at:
Blossoming Speaker Pty Ltd (ABN 24 656 229 506)
Email: [email protected]

Last update: 28 July 2022

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