Terms and Conditions
These Terms and Conditions (Terms) govern your use of our Website (DM, us) via our company websites located at: www.dainemcdonald.com
When visiting our website you form a binding contractual agreement between you, the user of the Website and us, McDonald Enterprises Co Pty Ltd (ACN: 617 521 132) trading as Daine McDonald (DM, us) the owner of the Website.
For that reason, these Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use the Website and purchase any digital products from us.
You can contact us via the contact us section of our website for further information should you so require it here.
By using the Website, you acknowledge and agree that you have had sufficient chance to read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms,
please do not use the Website.
1. LICENCE TO USE WEBSITE
(a) Whether you want a breakthrough in your relationships, emotional well-being, health, finances or career,
there are three rules I live by that will help you identify what your actual true purpose is in life, giving you
a greater sense of contentment every morning when you wake up.
(b) You may access and use the Website (including any incidental copying that occurs as part of that use)
in the normal manner.
(c) You must not add any content to the Website:
(i) unless you hold all necessary rights, licences, and consents to do so.
(ii) that would cause you or us to breach any law, regulation, rule, code, or other legal obligation.
(iii) that is or could reasonably be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy.
(iv) that would bring us, or the Website, into disrepute; or
(v) that infringes the intellectual property or other rights of any person.
(d) The Website may from time to time contain links to other websites as well as content added by people other than us. We provide these links for your convenience to provide further information. We do not endorse, sponsor, or approve any such user generated or any content available on any linked website and further,
we have no responsibility for the content of the links to other websites.
(e) You acknowledge and agree that:
(i) we retain complete editorial control over the Website and may alter, amend, or cease the operation
of the Website at any time in our sole discretion.
(ii) the Website will not operate on a continuous basis and may be unavailable from time to time
(including for maintenance purposes).
(iii) the content on the pages of this Website is for your general information and use only and is subject
to change without notice.
2. INTELLECTUAL PROPERTY RIGHTS
(a) Nothing in these Terms constitutes a transfer of any intellectual property rights.
Reproduction of any of the above is prohibited other than in accordance with the copyright notice,
which forms part of these Terms.
(c) No Web Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless we expressly grant written permission. Modification or use of the Web Content for any other purpose is a violation of our copyright and other proprietary rights, as well as other authors who created the Web Content, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the Web Content, including all software, tools, graphics and/or sound files, for public or commercial purposes without our express written permission.
(d) By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, and transferable right, and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
(e) You consent to any act or omission which would otherwise constitute an infringement of your moral rights,
and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
(f) The licence in clause 2(d) will survive any termination of these Terms.
(g) You represent and warrant to us that you have all necessary rights to grant the licences and consents set out
in clauses 2(d) and 2(e).
(h) The information, text, materials, graphics, logos, button icons, images, biographical information of people
used on the Website, video and audio clips, trademarks (whether registered or not) advertisements, layout, arrangement, graphical user interface, look and feel of the Website is protected by copyright and other intellectual property laws and are either our property, or used with permission by us.
(i) Unauthorized use of this Website or any of the Web Content in any way may give rise to a claim for damages against you and/or be a criminal offence in accordance with Australian and international laws.
(a) You represent and warrant to us that you have the legal capacity to enter these Terms.
(b) The Website is provided by us on an “as is” basis without express or implied warranty of any kind.
(c) We do not warrant or guarantee:
(i) that access to or use of the Website will be uninterrupted or error free or that the Website or any material on or accessible through the Website is free from errors or viruses, Trojan horses, or other harmful components, and
(ii) anything about the reliability, ownership, accuracy, completeness, timeliness, quality, performance, completeness physical state or suitability for a particular purpose of any information or materials found on, offered or accessible through the Website.
(a) To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business
or any consequential or incidental damages.
(b) To the full extent permitted by law, we make no warranties or guarantees in relation to the content of the Website, completeness of search results, safety, suitability, quality, safety or legality of any information or material on the Website and we exclude all representations, warranties, or terms (whether express or implied) other than those expressly set out in these Terms. By viewing this Website, you acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors fully permitted by Australian and international law.
(c) These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction,
or modification of any implied warranties, conditions, or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(i) in the case of goods:
(A) the replacement of the goods or the supply of equivalent goods.
(B) the repair of the goods.
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of having the goods repaired, and
(ii) in the case of services:
(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again.
(d) You accept all risks and responsibility for all loss, damages, costs, and other consequences resulting from using the Website, all digital products and all material that is accessible throughout the Website. Your use of any information or materials on the Website is entirely at your own risk. If using them, you acknowledge we are not held liable under and circumstances. It is your own responsibility to ensure that any products, services, or information available through the Website meet your specific requirements
(a) These Terms terminate automatically if, for any reason, we cease to operate the Website.
(b) We may otherwise terminate these Terms immediately, on notice to you, if you have breached these
Terms in any way.
You agree to indemnify, defend, and hold us harmless from all claims, liability, damages, costs, and expenses in connection with your use of the Website or your failure to comply with these Terms or from your violation of any applicable law.
(a) You must not assign, sublicense, or otherwise deal in any other way with any of your rights under these Terms.
(b) If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
(c) Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
(d) This Agreement is governed by the laws of State of New South Wales in Australia and each party submits to the jurisdiction of the courts of New South Wales.
8. PAYMENT TERMS
(8.1) You shall pay to DM the fees in the amount and for the duration that you have entered and agreed to pursuant to relevant product that you have purchased on this website, whether that is up front or as a subscription payment.
(8.2) The Subscription Fee for the period of the term of this Agreement shall be paid on the Effective Date.
The Subscription Fee for all subsequent Subscription Periods of the term of this Agreement shall be paid to DM on the first day of each subsequent Subscription Period, pursuant to subsection 8.4, below.
(8.3) The amount of the Subscription Fee includes all applicable taxes.
(8.4) You shall provide a valid credit card for automatic bill paying, or other acceptable method of payment to DM and shall take all necessary steps to authorize automatic payment of the Subscription Fee as per the terms outlined on the relevant product page.
(8.5) By agreeing to this Agreement, you hereby authorize DM to automatically charge said method of payment for all Subscription Periods during the term of this agreement.
(8.6) If, for any reason, automatic payment shall be denied, DM will make three more attempts within the next seven days. If payment is still unresolved, access to the digital product will be withheld by DM.
(8.7) The Client must manually complete the payment to regain full access to the digital product before being given access to the digital product. If payment is not resolved within fourteen (14) days, your account will be closed, and you will not have any access to the relevant purchased digital product or products until your arrears balance is brought up to date.
(8.8) Any additional payment terms between DM and you shall be agreed to in writing and set forth in an invoice, billing agreement, or other written document.
(8.9) The Term of this Agreement shall commence on the date of purchase of the digital product and shall continue until the digital product payment amount is fulfilled.
(8.10) Upon termination of this Agreement for any reason, all rights and subscriptions granted to you shall immediately terminate, and you shall cease using the digital product and shall prohibit Authorized Users from using the digital product.
9. REFUND POLICY
(9.1) Product and Service Fees
All purchases are strictly final, and a strict no refund policy will be always enforced.
However, we may provide credit in accordance with the following company guidelines on a case-by-case basis and only under extenuating circumstances:
(i) If we cancel the digital product or service, a full credit or product fee will be granted to use towards any DM digital product or Service created within twelve (12) months of the purchase date.
(ii) Cancellation of any digital product or service after purchase will result in absolutely no credit being given, nor refund considered.
In closing, by ticking that you have read and understood our Terms prior to purchasing one of our digital products or services, you are waiving any rights, claims or justification for a refund under any circumstances.
(9.2) Outstanding Fees
We reserve the right to withhold certificates, digital product accessories, access to software and any other records of results where any course or service fees remain outstanding.
(9.3) Changes to Product and Service Advertising
We reserve the right to change details of the digital products we promote without breaching our refund policy due to unforeseen circumstances.
In closing, by ticking that you have read and understood our Terms prior to purchasing one of our digital products, you are waiving any rights, claims or justification for a refund under any circumstances.
10. ARBITRATION of Disputes
Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination,
or invalidity thereof, where you are situated outside of Australia will be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.
The appointing authority shall be the Australian Centre for International Commercial Arbitration.
The number of arbitrators shall be one (1). The place of arbitration shall be Sydney, Australia.
The language to be used in the arbitral proceedings will be English.