Website Terms of Use
This website is owned by Kara Watson at MOD. Health Coaching
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Use of this Site, including all materials presented on the Site and all Digital Products provided by MOD. Health Coaching are subject to the following Terms and Conditions.
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By using the Site or Service and/or ordering a Digital Product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
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OVERVIEW
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1.1 The term “the Site” refers to modhealthcoaching.com.au and all online membership/course sites connected to MOD. Health Coaching
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1.2 MOD. Health Coaching provides a website where users can read information on health and wellbeing, and where users may purchase online courses, coaching, and digital products relating to health and wellbeing (“Digital Products”).
1.3 The term “User”, “You” and “You’re” refers to site visitors and any other users of the Digital Products on the Site.
1.4 To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
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DIGITAL PRODUCTS
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2.1 Payment for all Digital Products will be in AUD (Australian Dollars) unless otherwise specified.
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2.2 This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
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2.3 Sharing, reselling or distribution of Digital Products, as well as any other proprietary information owned by MOD. Health Coaching is prohibited.
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REFUNDS, CANCELLATIONS AND RETURNS
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3.1 Due to the digital nature of our products, we do not offer a refund except where required by Australian Competition and Consumer Commission Law, therefore the onus is on you to read the product page thoroughly.
MOD. Health Coaching TERMS AND CONDITIONS OF USE
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4.1 Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
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4.2 You understand and agree to not place an unreasonable burden on the server hosting this site, to not interfere with the running of this web site and to not attempt unauthorised access to any portion of this web site.
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4.3 You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
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FINANCIAL OBLIGATIONS
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5.1 You are responsible for the completion of all payment plans associated with your purchase of any Digital Product. We will seek recovery of any monies remaining unpaid via a Collection Agency.
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5.2 You represent and warrant that when purchasing a Digital Product that any credit card or payment information you give us is accurate and complete; and, that any charges incurred by you will be honoured by your financial institution or credit card company; and, that you will pay the charges incurred by you, including any and all taxes; and, that if your payment method is not honoured for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.
5.3 Failure to pay does not cancel your payment obligation. You are responsible for all outstanding balances
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5.4 You hereby authorise MOD. Health Coaching to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.
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5.5 In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
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INTELLECTUAL PROPERTY
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6.1 All content provided on the Site and in the Digital Products, including all blog posts, free resources and online materials, are the intellectual property of MOD. Health Coaching
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6.2 You are not permitted to steal our content and/or repurpose it as your own. The content of the Site and the Digital Products are protected by Australian law. You may not modify, publish, transmit, participate in the sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever, any content of the Site or the Digital Products, in whole or in part, without written content.
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6.3 We reserve the right to immediately remove you, without refund, from any Digital Product you have purchased, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
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6.4 You hereby authorise MOD. Health Coaching to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.
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LIMITATION OF LIABILITY
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7.1 MOD. Health Coaching or any of its officers, employees, agents or related bodies corporate shall be liable to you or anyone else for:
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Any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network;
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Any defamatory, infringing, offensive or illegal conduct or material found in connection with the Website, including such conduct or material transmitted by any means by any other person; or
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Any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with:
The use of the Site and/or Digital Products;
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The use of information and or advice provided by you through MOD. Health Coaching;
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You or anyone else being unable to access the Website for any reason.
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7.2. You indemnify MOD. Health Coaching against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by MOD. Health Coaching, arising out of, or in connection with:
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Your breach or non-observance of any term of these Terms of Service;
Any Content submitted by you; or
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Any breach or inaccuracy in any representations or warranties made to MOD. Health Coaching by you.
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AMENDMENT TO TERMS OF SERVICE
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8.1 We may amend these Terms of Service at any time, so ensure that you check these terms periodically. All amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. Your continued use of the Site and/or Digital Products and Services after a change to the Terms of Service constitutes an agreement by you to abide by and be bound by the amended Terms of Service.
REFUSAL OR DISCONTINUATION OF SERVICE
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9.1 MOD. Health Coaching reserves the right to refuse access or discontinue service to any part of the Site or to any Digital Product to any order, person or entity without obligation to assign a reason for doing so.
9.2 MOD. Health Coaching may at any time change or discontinue any aspect or feature of the Site or Service.
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ACCURACY AND ERROR DISCLAIMERS
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10.1 We reserve the right to amend and/alter the pricing for Digital Products at any given time without prior notice.
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10.2 We endeavour to describe and display Digital Products as accurately as possible. While we try to be as clear as possible, please do not accept that it is entirely accurate and error-free. From time to time, we may correct errors in pricing and/or descriptions. We reserve the right to refuse or cancel an order with an incorrect price listing.
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10.3 The World Wide Web exists across open public networks that are neither secure nor private. Accordingly you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
10.4 MOD. Health Coaching does not warrant that access to or use of the Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site including Digital Products are free from errors, viruses, worms, trojan horses or other harmful components.
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10.5 You acknowledge that your access to and use of the Site including online course sites (including the software operating in connection with the Sites) may be interfered with by numerous factors outside MOD. Health Coaching’s control.
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10.6 Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
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10.7 The materials appearing on the Site and in MOD. Health Coaching Digital Products could include technical, typographical, photographic or other errors. MOD. Health Coaching does not warrant that any of these materials are accurate, complete or current. MOD. Health Coaching may make changes to the materials contained on its website at any time without notice, however does not make any commitment to update the materials.
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GOVERNING LAWS
11.1 This agreement is governed by the law in force in the State of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Service, the Site and/or the Digital Products and Services.
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11.2 MOD. Health Coaching has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated or otherwise using the Website outside the Commonwealth of Australia.
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11.3. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
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Updated 12023.