‍ WEBSITE TERMS AND CONDITIONS OF USE

1.      About the Website

1.1.               Welcome to www.sallyprosser.com.au (Website). The Website is operated by Sally Prosser Pty Ltd (ABN: 99 626 997 439) (Sally Prosser).

1.2.               The Website provides you with an opportunity to browse and purchase Sally Prosser’s services and digital products (Products). The Website facilitates the purchase of Products by granting you access to the content on the Website (Purchase Services).

1.3.               Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Sally Prosser. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.

1.4.               Sally Prosser reserves the right to review and change any of the Terms by updating this page at its sole discretion. Where reasonably practicable, Sally Prosser will post material changes on the Website at least seven (7) days before they take effect. Any changes to the Terms take effect from the date of their publication. Your continued use of the Website following any changes constitutes your acceptance of the revised Terms. Before you continue, we recommend you keep a copy of the Terms for your records.

2.      Acceptance of the Terms

You accept the Terms by using, browsing, or accessing any part of the Website. If you do not agree to the Terms, you must immediately stop using and leave the Website.

3.      Purchase of Products and Returns Policy

3.1.               In using the Website to purchase the Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Products (Purchase Price).

3.2.               Payment of the Purchase Price may be made through PayPal and Stripe. (Payment Gateway Providers).

3.3.               In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

3.4.               Following payment of the Purchase Price being confirmed by Sally Prosser, you will be issued with a receipt to confirm that the payment has been received and Sally Prosser may record your purchase details for future use. Sally Prosser reserves the right to cancel or refuse any order at its discretion, including where it suspects fraud or is unable to fulfil the order, and will refund any amounts paid in respect of a cancelled order.

3.5.               Sally Prosser may provide refunds or other remedies for Products where required under the Australian Consumer Law, including where there is a major failure. Subject to your rights under the Australian Consumer Law, Sally Prosser does not otherwise provide refunds, including for change of mind. Please keep this in mind when making a purchase.

4.      Copyright and Intellectual Property

4.1.               The Website, the Purchase Services and all of the related products of Sally Prosser are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes and are reserved by Sally Prosser or its contributors.

4.1.               All trademarks, service marks and trade names are owned, registered and/or licensed by Sally Prosser. Sally Prosser grants to you a worldwide, non-exclusive, royalty-free, revocable licence to:

(a)        use the Website pursuant to the Terms;

(b)        copy and store the Website and the material contained in the Website in your device's cache memory; and

(c)        print pages from the Website for your own personal and non-commercial use.

4.2.               Sally Prosser does not grant you any other rights whatsoever in relation to the Website or the Purchase Services. All other rights are expressly reserved by Sally Prosser.

4.3.               Sally Prosser retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a)        the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Sally Prosser; or

(b)        the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c)        a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

4.4.               You may not, without the prior written permission of Sally Prosser and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

5.      Privacy

Sally Prosser takes your privacy seriously and any information provided through your use of the Website and/or Purchase Services are subject to Sally Prosser's Privacy Policy, which is available on the Website.

6.      General Disclaimer

6.1.               You acknowledge that, subject to clause 6.3, Sally Prosser does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

6.2.               Product descriptions posted on Sally Prosser’s product pages are provided in good faith as a guide to the services offered and may be subject to change.  Sally Prosser accepts no responsibility for inaccurate information supplied to it by third parties.

(a)          The website may contain technical inaccuracies or typographical errors or omissions.  Sally Prosser is not responsible for typographical, product information or advertising errors. Where a pricing error is identified, Sally Prosser reserves the right to cancel any orders placed at the incorrect price and will notify you promptly.

(b)          Advertised prices and available quantities are subject to change without notice.  Sally Prosser reserves the right to make changes, corrections and/or improvements to the website, and to the products and programs described in such information, at any time without notice.

6.3.               Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

6.4.               Subject to this clause, and to the extent permitted by law:

(a)        all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b)        Sally Prosser will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

6.5.               Use of the Website, the Purchase Services, and any of the products of Sally Prosser is at your own risk. Subject to clause 6.3, everything on the Website, the Purchase Services, and the Products of Sally Prosser, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Sally Prosser make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Sally Prosser) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a)        failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b)        the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(c)        costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(d)        the Content or operation in respect to links which are provided for the User's convenience;

(e)        any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f)         any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

7.      Third Party Services

The Website may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Sally Prosser does not control any Third-Party Services. Sally Prosser additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Purchase Services. There is no implied affiliation, endorsement, or adoption by Sally Prosser of these Third-Party Services and Sally Prosser will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.

8.      Limitation of Liability

8.1.               To the extent permitted by law, Sally Prosser's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the Purchase Price paid by you for the specific Product giving rise to the claim or, where you have not paid the Purchase Price, then the total liability of Sally Prosser is limited to the lesser of AUD $100 or the resupply of the relevant information or Purchase Services to you.

8.2.               You expressly understand and agree that, to the extent permitted by law, Sally Prosser, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

8.3.               Sally Prosser is not responsible or liable in any manner for any user-generated or third party content (including Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Sally Prosser or by third parties.

9.      Mailing List Registration

9.1.               You may be given the option to register for the Sally Prosser mailing list (Mailing List).

9.2.               As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address.

9.3.               If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Sally Prosser. You may unsubscribe from the Mailing List at any time using the unsubscribe facility provided in the relevant communication or by otherwise notifying Sally Prosser in writing.

10.   Indemnity

You agree to indemnify Sally Prosser, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees) incurred, suffered or arising out of or in connection with any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so, but only to the extent caused or contributed to by your breach of these Terms or your negligence; and/or (c) any breach of the Terms.

11.   Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, these Terms or the Purchase Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of those courts and waive any objection to the exercise of such jurisdiction.

12.   Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Queensland, Australia.

13.   Independent Legal Advice

You acknowledge that you have had the opportunity to review these Terms and to obtain independent legal advice before accepting them.

14.   Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.