Trevor Hendy’s Boot Camp for the Soul Terms and Conditions
1.1 Copyright © 2014 Trevor Hendy Trust ABN 72 371 766 043 This copyright notice applies to the websites:
(a) http://www.trevorhendy.com and https://soulbootcamp.trevorhendy.com
(b) is owned by Trevor Hendy Family Trust ABN 72 371 766 043
1.2 Intellectual property
Copyright in this Website (including text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of personal use, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except where expressly stated, you may not in any form or by any means:
adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works or otherwise publicly make available any part of this Website; or
commercialise or exploit any information, products or services obtained from any part of this Website;
without our written permission or, in the case of third party material, from the owner of the copyright in that material. Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use and review. You are authorised to listen, view, retrieve, personally store and print a copy of any information contained on this Website for your personal use. Without limiting the foregoing, you may not without written permission from us on-sell information obtained from this Website or post it to another website.
2.1 For the purposes of these terms and conditions in addition to paragraph 1 the following definitions apply:
(a) our, ourselves, us, we, refer to the Trevor Hendy’s Boot Camp for the Soul, Trevor Hendy or Boot Camp for the Soul and its affiliates who for the purposes of these terms and conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
(b) party refers to a party to these terms and conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
(c) you or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the website and its contents;
(d) license means these terms and conditions for use of this website and its contents;
(e) one gender includes each other gender;
(f) the single includes the plural and the plural includes the singular;
(g) Program means the Boot Camp for the Soul (being a 12 week online programme);
(h) Members Group means the Private Facebook group where registered members are able to communicate together;
(i) Registration means registration to use the website, the program and/or the Members group;
(j) Website means collectively the websites http://www.trevorhendy.com and https://soulbootcamp.trevorhendy.com and the program, products and/or services offered or provided by or in the websites.
3. Scope of Licence
3.1 By virtue of these terms and conditions, you are granted a non-exclusive, non-transferable, non-sub-licensible license to personally access and use, for non-commercial purposes, the Website and the services offered on the Website
3.2 Full-scale reproduction of material and contents of the program is expressly prohibited.
3.3 The term of this Licence shall be for a term of 5 years from the date of registration of your activation.
4. Use of Website
4.1 These terms and conditions govern your right to use the Website and your access to and use of the program and/or any services acquired in relation to the program and/or any links provided on the Website to other websites.
4.2 The downloading any content from the Website to your computer does not mean that you receive any ownership rights to the content. By downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the program.
4.3 You agree that when you register and activate the program content you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
4.4 You agree that in downloading any service from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time.
4.5 You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.
4.6 You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
4.7 You agree that you will not post comments about the Website, any of its content, its individual representatives, consultants and/or employees without the prior written consent of ourselves.
4.8 We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We can not ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependant upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high resolution videos, but we will use our best endeavours to provide an alternative wherever possible.
5. Your Agreement
In accessing the Website, including any and all webpages, the program and/or the services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.
You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information. If you are accessing and using the Website or registering for access to the program or any of the Website’s services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
7. Website Membership
7.1 You agree to provide accurate and truthful details about yourself for the purposes of your registration to the Website, for the program and/or inclusion in the members group and we reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
7.2 Once you register on the Website, you will be given access to a “Members only” email subscription and be invited to the private Facebook group.
7.3 Access to the information provided through email subscription and the members group is for your sole use only.
7.4 Any password or right given to you to obtain access to the “Members only” email subscription and the members group, and the contents or use of either the email subscription or members group, is not transferrable to any third party.
7.5 We reserve the right, at our sole discretion, to terminate your access to the “Members only” email subscription or members group if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
8. Members Group Participation
8.1 You acknowledge that the Facebook members Group provides for public communications.
8.2 To become a Members group member you agree to provide truthful, accurate personal details about yourself as required on the sign up page for the program.
8.3 You will use the Members group only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the members group, either to the group itself or otherwise, or the Website, the program and/or the individuals representing the Website and/or their employees.
8.4 You will not use the members group:
(a) for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
(b) to incite others to conduct the activities described in sub-paragraph
(c) to interfere with the lawful and reasonable use of the members group by others; and
(d) to attempt to directly or indirectly, allow or facilitate a third party to enter the members group through your registration.
9.1 The program is backed by a 7 day money back guarantee. If you are unhappy with the program within the first week of registration, please email administrators at firstname.lastname@example.org to request a full refund of the course costs and manual removal from the system. Upon a refund being processed, please allow 5 to 15 business days for the transaction to post to your account. Transaction times depend on the policies of your bank or credit card companies.
9.2 Trevor Hendy’s Boot Camp for the Soul has the right to change the refund policy at any time, but it will be reflected on future orders, not past orders.
10.1 In purchasing any product or services from the Website (“the Purchase”) you agree to:
(a) pay using a valid credit card (or other form of payment as we may allow);
(b) provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
(c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”); and
(d) all costs are in Australian dollars unless otherwise indicated.
11.1 Title in the Purchase will pass to you on receipt of payment from you or when you receive the Purchase, whichever happens later.
11.2 Risk of loss or damage to the Purchase will pass to you when we provide the Purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
11.3 Where we send you the Purchase by email delivery, and you claim that you have not received such delivery, then you must contact our Billing Department email at email@example.com within 7 days of the date by which you placed the order for the Purchase for us to investigate your claim.
12.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the program and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of the program and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the program nor in respect of any use of the products or services offered by the Website.
12.2 You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.
12.4 Prior to your first content email for the Trevor Hendy’s Boot Camp for the Soul, you will be asked to complete and commit to the payment of an upfront fee, withdrawn from your account upon finalisation of the registration process.
13. Medical Disclaimer
13.1 We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.
13.2 You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the program and/or its products or services.
13.3 You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the program or its products and services, is at your sole risk.
14. Limitation of Liability
14.1 Indirect and Consequential Loss – To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, or your reliance on any information obtained through the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
14.2 Terms Implied by Law – To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
a. if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
b. if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
14.3 Total Liability – To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.
The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
You will indemnify and hold Trevor Hendy’s Boot Camp for the Soul, its subsidiaries, affiliates, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising from any breach of these Terms by you (including any use of Content other than as expressly authorized in these Terms), or any violation of any law or the rights of any third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and you agree to indemnify and hold harmless the Indemnified Parties from and against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
17.2 We will manage your personal information in accordance with the requirements of Australian laws.
17.3 No personal information will be saved or retained within the ‘Fireplace’ section of our website.
17.4 We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.
(a) Entire agreement These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.
(b) Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.