TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to the relationship between you and thelotco (TLC).
TLC offers guidance and examples of practices we have used but it is your sole responsibility to determine what, if any, of those practices, may be suitable for your own business. The content of our products are for your general information and use only.
CONSENT TO SITE TERMS
By accessing and using our Site https://www.thelotco.com.au/ and https://www.thelotco.com/, 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 Terms.
By using the Site or accessing or purchasing any products or services, you warrant that you:
◾ are over 18 years of age and have the legal capacity to enter into a legally binding contract;
◾ have read and accepted these Terms; and
◾ will comply with these Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these 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 Terms, you should not use our Site.
Your continued use of our Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these 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 Terms or anything else on our Site, please don't hesitate to contact us before proceeding with any purchase or booking.
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 Terms.
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.
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. It's up to you to decide if those websites and their content are suitable and appropriate for you.
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, your business name, address, a valid email address and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update 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 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 Terms or applicable law or where your conduct impacts our reputation.
Where you download or purchase our Digital Products, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.
After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.
Except as otherwise expressly stated, 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 the Digital Products in any manner whatsoever except as authorised by us.
REFUNDS FOR DIGITAL PRODUCTS
Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.
I selecting to pay by payment plan you understand that it cannot be cancelled until full payment is received. You are entering into a contract to pay the full payment plan to term. You agree to pay the full amount listed in the program order page.
Voluntary refunds if program has a guarantee period.
(a) If you work through the first few modules of a course are not totally happy with it, then we will refund your money. thelotco has a 7 day money back guarantee and refund period for the Profitbale Product Business Roadmap program only.
I believe in my courses and thousands of women have experienced fantastic growth, development and results from investing in my programs. This type of progress requires that you follow the course and do the work. A change of mind does not constitute a valid reason for cancellation and request for a refund. In considering your refund, we may also charge an admin fee at our discretion.
a) Requests for refunds must be made in writing within the defined refund period and sent to (hello@ thelotco.com.au)
(b) If you receive your money back you must delete every copy of the product and materials that you have downloaded as well as copies you have placed on other devices or media.
Your refund will be paid in the currency in which it was received by us. If you paid in a currency other than Australian dollars, you may be liable for the costs of exchange.
PRICES AND PAYMENT
All prices are in US Dollars (USD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable for Australian residents). 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. If your bank account is in another currency, your bank may charge you a foreign currency conversion fee for processing the payment.
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 may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
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.
We reserve the right to postpone or cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by us and not rescheduled, we will refund the fees paid for the cancelled portion of the Services.
Should you need to cancel any part of our services for any reason, or you wish to reschedule the services, but we are unavailable on the new date, you acknowledge that you will be liable for an additional fee.
When you cancel the Services, you must notify us via our nominated email address 14 days prior to Your scheduled appointment. If at least 14 days' written notice is not provided, you will not be entitled to a refund and may incur a cancellation fee. You may also be unable to reschedule the Services.
If you have cancelled the Services and provided the requisite notice, you can either suspend the Services for a maximum of 3 months; or obtain a refund on the Services that are yet to be used, which may incur a Cancellation Fee.
You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the services, including to the extent that this means the services may not proceed.
Where a Force Majeure event necessitates that any part of our services be cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result.
REFUNDS FOR SERVICES
You will only be entitled to a refund at our sole discretion or where we determine that we are unable to perform the services for any reason. You acknowledge that you do not obtain the right to a refund where you have changed your mind, or you insist on our services being performed in a way that is against our advice.
Where you have paid a deposit for our services, you acknowledge that this payment is non-refundable and non-transferable regardless of whether the services go ahead.
Refunds in lieu of money (such as credit for other services) may be offered to you at our sole discretion.
By agreeing to these terms of service you are expressly waiving your right to ask for a refund and It is entirely your responsibility to ensure that our products offer what you need before purchase.
You can contact us at [email protected] prior to purchase to ask any questions to ensure it meets your needs.
CHANGES TO THE CONTENT
It is likely that certain content will change or be amended during its lifetime.
We reserve the right to make any changes that we see fit to the at our sole absolute discretion and without notice. We will wherever reasonably practicable, place a site notice of any necessary work to be undertaken.
In the highly unlikely event that TLC cease to operate for any reason whatsoever your membership will terminate and no refund would be provided.
INTERRUPTION OF SERVICE
Although we try to ensure that our products and services are available 24 hours a day, 7 days a week to users, we cannot guarantee that the web interface will be operational and available to you all the time. The site is supported by a third party and we take no responsibility for any outage. Accidents and incidents do happen, and you should not rely on continuous, uninterrupted access.
We will not be liable to you, and you will not be entitled to a refund, credit or damages if our toolkit or course is unavailable for any reason.
ACCEPTABLE USE OF CONTENT
You agree not to circumvent, disable or otherwise interfere with security-related features of TLC or features that prevent or restrict use or copying of any content or enforce limitations on use of the content.
We intend to provide you with access to TLC Membership or Courses via the Website only – content may not be saved on a hard drive or any other medium, and may not be used on other websites or devices. You are prohibited from downloading content unless you see a "download" or similar link displayed. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent or the respective licensor at TLC.
We reserve all rights not expressly granted in and to the content.
YOUR ADDITIONAL RESPONSIBILITIES
You may not authorize anyone to access your account, and you are responsible for keeping your login, account and password details confidential. You agree to notify us of any unauthorized use of your password or account or any other security breach.
We cannot be responsible for any loss you suffer as a result of these details being disclosed, and you must indemnify/reimburse us for any loss we suffer as a result. Should a third party access or attempt to access the resources using your account and/or your details, we may, at our sole discretion, terminate your subscription immediately and you will receive no refund.
If you publish or otherwise distribute your password or other login details, whether privately or publicly, you accept and expressly agree that this may detrimentally affect access to our resources or other functionality (for example, in the event of a cyber-attack). You therefore agree to indemnify/reimburse us for any loss incurred in connection with a breach of your obligations to us whether caused directly or indirectly and whatever the type of damage or loss including economic loss, indirect loss, loss of profit, loss of revenue, loss of sales or loss of opportunity – i.e. including loss that was not foreseeably caused by your disclosure. For the avoidance of doubt, by agreeing to these General Terms and Conditions, you expressly agree not to distribute in any form whatsoever the content or resources provided by TLC.
OUR MAXIMUM LIABILITY TO YOU
If for any reason, TLC were to cease or stop running, we are unable to provide a return of any payments made by you.
In the event that you make any claim against us for any reason, our liability to you in respect of anything relating to TLC is capped at $100 USD.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick "I agree", "I consent", or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
INFORMATION AND ADVICE
Our Site contains content, including digital products, blog articles, and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products and/or services.
Where our products, services, programs or courses incorporate [activities/treatments/procedures] that may affect your health, you warrant that you are fit to participate and have sought the advice of a medical practitioner accordingly, particularly if you have pre-existing health conditions.
We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes or other information appearing on our Site does not constitute or imply our endorsement, sponsorship or recommendation in any way.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback or comments, 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);
◾ give us permission to post or otherwise use that feedback on our social media or other channels;
◾ waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;
◾ warrant that any content provided does not violate these Terms; and
◾ warrant that you are at least 18 years old.
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.
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 Terms and any terms and conditions that are specific to each competition.
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.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
In addition to any other prohibitions, you must not, under any circumstances, use the Site 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 hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
◾ to infringe upon any other person's proprietary rights;
◾ 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 about our Site and/or our products or services including that:
◾ they are suitable, reliable, complete, secure, accurate 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; or
◾ there is no possibility of failure to store communications or other data.
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 Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
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 Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
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 Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the 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:
a. where you breach any provision of these Terms; or
b. 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.
If any term or provision of these Terms 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 Terms will remain in full force and effect.
CEASING OUR WEBSITE
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.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these 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 Terms.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of Victoria, 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 Victoria, Australia.
If you join TLC Affiliate Program you will be bound by our terms and conditions and also any terms and conditions of whomever or whichever third-party provider we use to provide the affiliate service site.
Please read these Affiliate Terms and Conditions carefully before you join our programme or begin marketing our programme. By signing up to TLC affiliate programme ("Affiliate Programme"), you agree to the Affiliate Terms and Conditions contained this section and are responsible for your employees', agents' and contractors' compliance with them.
You can apply to enrol as an Affiliate at any time. Once you are accepted into the Programme, you will be able to participate in the Programme subject to these Affiliate Terms and Conditions. We will contact you if we have any queries about you or your enrolment. We may reject your application or terminate your enrolment at our absolute discretion, including but not limited to where we believe (in our sole discretion) that your Site is unsuitable, links to our Website are in breach of these Affiliate Terms and Conditions, or there are reputational issues or is a lack of trust.
It is a condition of the Affiliate Programme that any website or other platforms that you will link to the Website ("Sites") be suitable at all times. Unsuitable sites include, but are not limited to, those that:
• Infringe trademark rights of yours or any third party or otherwise violate the rights of any third party; or
• Contain sexually explicit materials; or
• Contain hate/violent/offensive content; or
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or
• Promote illegal activities or otherwise violate any applicable laws, including those targeting "spyware," "adware" or SPAM; or
• Violate any intellectual property rights, including, without limitation, scraping text or images from the Websites or any social media account controlled by us, including but not limited to Facebook, Twitter, Flickr and Pinterest accounts ("Our Social Media Accounts"); or
• Otherwise are considered offensive or inappropriate at our sole discretion; or
• Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information; or
• Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website
You represent and warrant that the Sites comply with these requirements and that you have authority to perform or procure the performance of the obligations relating to the Sites as required by these Affiliate Terms and Conditions.
Upon becoming an Affiliate, you will receive an email directing you to an area where you can control your Affiliate dashboard.
It is a condition of the Affiliate Programme that the Links that you put in place to the Website comply with the following best practices.
• Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
• You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
• Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
• If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using "out" redirects from the same domain where the affiliate link is placed.
• You represent and warrant that the Links comply with these requirements and that you have authority to perform or procure the performance of the obligations relating to Links as required by these Affiliate Terms and Conditions.
We reserve the right to withhold commissions, set the Affiliate's commission to 0% or suspend or terminate the Affiliate's enrolment if the Affiliate breaches these requirements, and Affiliate shall cease using our intellectual property.
COMPLIANCE WITH ALL LAWS
You must comply with all applicable laws, rules, and regulations when promoting TLC. Where your actions result in a requirement incumbent upon us (e.g. a tax registration in a particular jurisdiction) or any kind of damage (e.g. from blacklisting the Website in a particular jurisdiction) you will indemnify/reimburse us for any action that we have to take as a result, or any damages we suffer as a result.
We believe in open dialogue with Affiliates. You must provide such information as we may request, upon request, otherwise it may not be possible to substantiate your claims for a commission. Clarity and truthful communication are vital in order for us to trust you, and it is a condition of being an Affiliate that we can trust you. We reserve the absolute right to reverse orders, set your commission to 0% or suspend you or terminate you from the program for the period or orders in question if this communication and truthfulness do not exist.
Details of the offers under the Affiliate Programme will be published from time to time. We will pay you commission based on the evidence that we have of the number of relevant purchases made by customers that you introduce. Your Link to a particular URL, or a customer's cookie, should ordinarily provide such evidence. Our calculations based on such parameters are final. Cookies may only remain active for a certain amount of time or may be disabled, and this may affect the amount of commission that can be evidenced.
We reserve the right to reverse commission payment either due or made due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
You agree to keep strictly confidential all information that we provide, including without limitation our business information, financial information, customer lists, pricing, and sales information. You will not use this confidential information for your own business purposes. Information will not be confidential where it is generally known or available to the public through legitimate sources (not including persons in breach of their confidentiality obligations). We retain all rights, title, and interest in all client databases and other such confidential information.
As an Affiliate, you are responsible for maintaining the confidentiality of your login username and password. You are also responsible for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for any actions that occur under your account or password. You should inform us immediately if you suspect that your password is, or is likely to be used in an unauthorized manner.
Either party may terminate your enrolment as an Affiliate at any time, for any reason, provided that they provide at least five days prior written the notice of such termination to the other party.
In addition, we are entitled to terminate your enrolment as an Affiliate immediately if you materially breach or violate any of these Affiliate Terms and Conditions, or if we determine, in our sole discretion, that there are technical or operational issues (e.g. interruptions caused by or shifts in online/Internet technology) that adversely affect compliance with this Agreement, or the orders/referrals were obtained fraudulently or through misrepresentation, in which case we reserve the right to withhold payment of commissions pending an investigation of the suspected fraud or misrepresentation.
Termination of your enrolment as an Affiliate shall also terminate any outstanding obligations we have toward you. However, all non-recurring rights to payment, causes of action and any provisions, in relation to transactions prior to termination, shall survive termination of this Agreement. Confidentiality provisions shall also survive termination.
We shall not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and you agree that the following shall all be Force Majeure Events:
• extreme weather conditions preventing Classes taking place, shop deliveries being delayed or the Website not working for any reason including, but not limited to winds, snow, rain, storm, fire or floods or any natural disaster whatever;
• impossibility or difficulties with the use of any relevant means of public or private transport for any reason;
• cancellation by any third party of related services;
• impossibility or difficulties with the use of public or private telecommunications networks including the internet for any access of any part of the Website;
• inability to receive materials ordered due to a third party supplier failure which was beyond our control;
• civil unrest, riots, strikes, transport delays and anything connected with such events;
• the failure of any computer or telecommunications system or hardware or software of any description; or
• the failure of the Website, affiliate interface or supporting or connected technology.
• Our obligations under these General Terms and Conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period.
• In all cases, we will take reasonable steps to bring the Force Majeure Event to a close or to find a reasonable solution by which our obligations under these General Terms and Conditions can be performed despite the Force Majeure Event. If this is not possible, we will discuss with you how best to address this.
ALL content on our Websites and on any social media account controlled by us, including but not limited to Facebook, Instagram, Twitter, LinkedIn and Pinterest accounts ("Our Social Media Accounts"), other online page or presence and any other area whatsoever which we use for any reason is the intellectual property of TLC unless otherwise stated herein. It is forbidden to use any photo, copy, text or other material from the Website for any reason. Downloading of any images, text, videos, online tutorials, face packs or any material is strictly prohibited. Should these General Terms and Conditions be breached, we reserve the right to take immediate legal action against you. If such action is in a small claims court, you expressly agree to pay our legal expenses if we succeed in any action.
In particular, we retain all Intellectual Property Rights in the Website, and nothing shall be construed as granting any rights to you or any other person in respect of such Intellectual Property Rights. Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the content of the Website (including the Membership content) shall remain with us. Except as expressly provided in these General Terms and Conditions, nothing shall be construed to grant to you any right, title or interest in or to such content.
For the avoidance of doubt, all intellectual property in the online tutorials, pdf tutorials and any other material and content on the Website belongs to TLC. You accept this by confirming these terms and conditions when you join the site.
"Intellectual Property Rights" means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights, rights to sue for passing off or privacy right.
These terms and conditions bind you from the moment you use this Website. They will be periodically updated to reflect the changing nature of the website and all changes will have binding and retrospective effect to the date you first became a member. We, therefore, advise you to regularly read the terms and conditions.
AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
We reserve the right to unilaterally amend these terms and conditions at any time and for any reason at our sole discretion. Publishing the new version of these General Terms and Conditions will suffice to give you notice. If any modification is unacceptable to you, your only recourse is to cease your user or the site or cancel your membership or subscription. Your continued use of the site is following our posting of the new terms on the website will constitute binding acceptance of the chance.
If any court or competent authority finds that any provision of these General Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these General Terms and Conditions shall not be affected.
GOVERNING LAW AND JURISDICTION
These General Terms and Conditions and any matter relating to TLC (including non-contractual matters) are governed by Australian law, and you and we agree that any dispute shall be subject to the exclusive jurisdiction of the courts of Australia – i.e. that any litigation must be brought before the Australian courts.