Terms Of Service

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General

Perfectionistsgettingshitdone.com (the Website) is owned and operated by Smart Twenties Pty Ltd (The Company).

Service

Perfectionists Getting Shit Done is a membership website for online training, courses, resources and other content relating to personal development and perfectionism (the Service).

By using the Service, you agree to be bound by these Terms of Service and to use the Service in accordance with these Terms of Service, the Company’s Privacy Policy and any additional terms and conditions that may apply to specific sections of the Service.

The Service is in the nature of education. The scope of services provided by the Company according to these Terms of Service are limited to those listed on the Website. The Company reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

Use of The Website and Service

To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms of Service. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and in the Service and other information are subject to change. The Company makes no representation or warranty that the information provided (the Content), regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Account Creation

In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Lawful Purposes

You may use the Website and the Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website  any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Refusal of Service

The Service is offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by the Company until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible by emailing support@samlaurabrown.com.

Duration of Agreement

Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins etc). You agree and understand that no breach of contract action may be initiated against the Company when there are reasonable delays in the access of the Service.

The Company reserves the right to terminate the Service or access to certain features of the Service with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

Paying on a monthly subscription allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.

Cancellations & Refunds

Due to the nature of the Service, the Company does not offer refunds for the Service and no refunds will be made for any membership fees already paid.

You may cancel your monthly membership subscription at any time by emailing support@samlaurabrown.com. Once you cancel you will no longer have access to the Service, including all content and community resources once your current membership period is complete.

It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.

Service Description

The Company endeavours to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not expect the Website is entirely accurate, current or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Material You Submit To The Website

You shall not upload, post or otherwise make available on the Website any artwork, photos or other materials (the Materials) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm resulting from such a submission. For all the Materials submitted by you to the Website, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

As a feature of the Service, the Company may provide access to a community or social media platforms in conjunction with the Service. The Company is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.

You agree that your use of these community and social media platforms is a privilege and The Company may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent or threatening. The Company will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. The Company is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Company’s brand and image integrity.

Intellectual Property Rights To Your Materials

We claim no intellectual property rights over the material you supply to the Company. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Website or Service. Content you submit to the Company remains yours to the extent that you have any legal claims therein. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Website, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development and marketing purposes.

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice and likeness being used by the Company for promotional, business development and marketing purposes, without compensation to you.  We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio or visual representations that refer to you.

Our Intellectual Property

The Website and Service contain intellectual property owned by the Company, including trademarks, copyrights, proprietary information and other intellectual property. The Company’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including the Company’s copyrighted materials shall remain the sole property of the Company. No license to sell or distribute our materials is granted or implied.

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 any of the Website or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material or in any other way that would reasonably appear to share the Website or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Changed Terms

We may at any time amend these Terms of Service. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on the Website. Any use of the Website or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of the Website and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Website and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE. ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE COMPANY, AND IF NO PURCHASE HAS BEEN MADE BY YOU THE COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

Third Party Services

The Website and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Website or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of these Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement and Waiver

These Terms of Service constitute the entire agreement between you and the Company pertaining to the Website and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms of Service by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company.

Notices

All notices, requests, demands and other communications under these Terms of Service shall be addressed to support@samlaurabrown.com.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms of Service, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of these Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant or condition of these Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

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