This Site is owned and operated by GUESTPIX PTY LTD ACN 668 087 723 trading as Guestpix (referred to in these terms as “Guestpix”, “we”, “us”, and “our”). Please take the time to read the terms of use that apply to your use and enjoyment of our Site and the content made available to you via our Site and our social media channels (“Guest Terms”). These Guest Terms, together with our Privacy Policy, Host Terms and Acceptable Use Policy apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”).

CONSENT TO SITE GUEST TERMS

By accessing and using our Site, our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you are taken to accept our Guest Terms.

LEGAL CAPACITY

By using the Site or accessing or purchasing any products or services, you warrant that you:

–         are over the age of Majority in your jurisdiction;

–         have the legal capacity to enter into a legally binding contract, or as an individual or on behalf of a corporation;

–         have read and accepted these Guest Terms; and

–         will comply with these Guest Terms.

CHANGES TO THESE GUEST TERMS

It is your responsibility to review these Guest Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Guest Terms, you should not use our Site.

Your continued use of our Site is deemed acceptance of any modifications or amendment of these Guest Terms. You may also accept these Guest Terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about the Guest Terms or anything else on our Site, please don’t hesitate to contact us at: [email protected] before proceeding with any purchase or booking.

INTELLECTUAL PROPERTY

Our Site, products and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Guest Terms.

Limited Licence

Where you download or purchase our Digital Products (including checklists, guides, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.

You agree that if you violate any of these restrictions or the Guest Terms of Service, your licence may be automatically terminated and legal remedies, including injunctive relief, may be sought.

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those websites. Accessing or using any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability or appropriateness of those sites.

PRIVACY

These Guest Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using our Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

CREATING AN ACCOUNT

To place orders and access some features of the Site, you may need to register an account. This means you will have to give us accurate information, including your name, address, and a valid email address.

You warrant that by creating an account you are over the age of majority in your jurisdiction and any information you provide during the account setup process is correct at the time you provide the information. You are solely responsible to provided updated account information, should there be any changes. You will remain solely responsible for the activity that occurs on your account (including orders placed on your account), so we encourage you to keep your account password secure.

We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Guest Terms or applicable law or where your conduct impacts our reputation.

DIGITAL PRODUCTS

REFUNDS FOR DIGITAL PRODUCTS

PRICES AND PAYMENT

Pricing is provided in British Pound Sterling (GBP), Euros (EUR), Indian Rupees (INR), United States Dollars (USD), Australian Dollars (AUD) and Canadian Dollars (CAD) and are inclusive of any GST, HST, PST, QST,VAT, tariffs or charges (as applicable). The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.

We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.

We offer the option to pay for our products and/or services by credit card or such other method of payment as indicated on our Site. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

INFORMATION AND ADVICE

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our site and social media channels as well as feedback about our Site, products and services. Through the use of our Site and associated services, you may be invited to upload content, submit a review, or comment or generally interact with us via our social media channels.

User-generated Content

Where you decide to upload or submit content to us for publication on our Site, you

–           warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions); and

–           grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy. 

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us. 

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy. 

Feedback, reviews or comments

Where you decide to submit feedback or post comments, you:

We reserve the right to remove a review or comment if such review or comment contains:

–         libellous or otherwise unlawful, abusive or obscene material;

–         personal attacks on our employees or another contributor;

–         material that discloses your personal information; or

–         Information that is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.

COMPETITIONS

We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Guest Terms and any Guest Terms and conditions that are specific to each competition.

TESTIMONIALS

On our Site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.

PROHIBITED USE

In addition to compliance with our Acceptable Use Policy, you must not, under any circumstances, use the Site, it associated services or its content:

–         for any unlawful purpose;

–         to solicit others to perform or participate in any unlawful acts;

–         to violate any international, federal, or state regulations, rules, laws, or local ordinances;

–         to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site;

–         to transfer the materials to another person or “mirror” the materials on any other server; 

–         to harvest, collect, or gather user data without the user’s consent; or 

–         to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;

–         to knowingly or negligently interfere with or disrupts our networks or any other service Guestpix provides;

–         to infringe upon any other person’s proprietary rights including privacy and intellectual property rights;

–         to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

–         to modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website; 

–         remove any copyright or other proprietary notations from any materials and software on this website; 

–         to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

–         to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties (express or implied) about our Site and/or our products or services including that:

–         they are suitable, reliable, complete, secure, accurate, merchantable or fit for any particular purpose;

–         access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm;

–         there is no infringement of intellectual property or

–         there is no possibility of failure to store communications or other data.

We do not warrant or make any representations concerning the likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.

Our liability for any breach of a condition or warranty under these Guest Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

In no event shall we liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if we have been notified, orally or in writing, of the possibility of such damage. 

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise. 

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site in violation of these Guest Terms and/or arising from a breach of these Guest Terms and/or any breach of your representations and warranties set out in these Guest Terms or your breach of any law or the rights of a third party.

ADDITIONAL TERMS

Where you elect to enter into a one-on-one arrangement with us, we will issue you with a Services Agreement (Additional Terms) that incorporates terms and conditions separate to these Guest Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Guest Terms. To the extent that the Guest Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated:

–       where you breach any provision of these Guest Terms; or

–       at any time by us, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

CEASING OUR WEBSITE OR EXCLUDING ACCESS

We have the right to discontinue our Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Guest Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Guest Terms.

ENTIRE AGREEMENT

These Guest Terms (together with our Host Terms, Acceptable Use Policy, Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Site and your use of our Site.

SEVERABILITY

If any term or provision of these Guest Term is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Guest Terms will remain in full force and effect.

GOVERNING LAW AND JURISDICTION

All Guest Terms shall be construed in accordance with and governed in all respects by the laws of South Australia , Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of South Australia, Australia.