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Website Terms & Conditions of Use

 

1. About the Website

  • Welcome to www.lorrainemurphy.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various physical products and Eproducts as well as services that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
  • The Website is operated by Remarkability Australia Pty Ltd (ACN: 615 485 982) t/a Lorraine Murphy (‘Lorraine Murphy’). Access to and use of the Website, or any of its associated Products or Services, is provided by Lorraine Murphy. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have r ead, 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 Services, immediately.
  • Lorraine Murphy reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Lorraine Murphy updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Lorraine Murphy in the user interface.

3. Registration to use the Purchase Services

  • When using the Purchase Services, you are given the opportunity to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to) name, e-mail address, password or address
  • You warrant that any information you give to Lorraine Murphy in the course of completing the registration process will always be accurate, correct and up to date.
  • Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
  • You may not use the Purchase Services and may not accept the Terms if:
    • you are not of legal age to form a binding contract with Lorraine Murphy; or
    • you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

  • These obligations apply to both Members using the Purchase Services, including the Amplify You Program.
  • As a Member, you agree to comply with the following:
  • You will use the Purchase Services and Website only for purposes that are permitted by:
    • the Terms;
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services or Membership;
    • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Lorraine Murphy of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Lorraine Murphy providing the Purchase Services;
    • you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Lorraine Murphy for any illegal or unauthorised use of the Website; and
    • you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.


5. Purchase of Products and Returns Policy

  • In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
  • Payment of the Purchase Price may be made through direct deposit, credit card or Stripe (the 'Payment Gateway Providers')
  • 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.
  • Following payment of the Purchase Price being confirmed by Lorraine Murphy, you will be issued with a receipt to confirm that the payment has been received and Lorraine Murphy may record your purchase details for future use.

6. Refunds and Returns

For Online Programs

Lorraine Murphy wants you to be satisfied with your involvement in any online program. Therefore, Lorraine Murphy offers a 30-day refund for the Amplify You Program. If after 30 days of the Program commencing, you do not believe you are getting value from it - and you have completed the weekly Masterclasses (Option 1 - Masterclass only) or completed the weekly Masterclasses and attended the weekly Masterminds (Option 2 - Masterclass + Mastermind) - Lorraine Murphy will provide you with a full refund. Please e-mail [email protected] before 10th June 2023 for more information.

7. Copyright and Intellectual Property

  • You acknowledge that the Website, the Purchase Services, Lorraine Murphy’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Lorraine Murphy or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts or on any other related platform (‘the Content’).
  • You hereby indemnify and agree to keep indemnified Lorraine Murphy against all liability, losses or expenses incurred by Lorraine Murphy in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Lorraine Murphy or any third party by you or your agents.
  • You may not, without the prior written permission of Lorraine Murphy and the permission of any other relevant rights owners: broadcast, republish, up-load 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.
  • For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Lorraine Murphy, Lorraine Murphy grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

7. Privacy

Lorraine Murphy takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Lorraine Murphy’s Privacy Policy.

8. Information Disclaimer

  • Any information, advice, content or documentation provided on the Website, through the services, including on the Membership site, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
  • All care is taken in the preparation of the information and published materials on the Website, through the services, including on the membership site, social media accounts, or on any other related platform. Lorraine Murphy does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
  • To the extent permissible by law, Lorraine Murphy will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the services, including in the Membership site, social media accounts, or on any other related platform

10. General Disclaimer

  • You acknowledge that Lorraine Murphy does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
  • Lorraine Murphy will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
  • 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.
  • Subject to this clause, and to the extent permitted by law:
    • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
    • Lorraine Murphy 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.
  • Use of the Website, the Purchase Services, and any of the products of Lorraine Murphy is at your own risk. Everything on the Website, the Purchase Services, and the Products of Lorraine Murphy, 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 Lorraine Murphy make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Lorraine Murphy) 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:
    • 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;
    • 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);
    • costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
    • the Content or operation in respect to links which are provided for the User's convenience;
    • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.


11. Limitation of Liability

  • Lorraine Murphy'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 most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Lorraine Murphy is the resupply of information or Purchase Services to you.
  • You expressly understand and agree that Lorraine Murphy, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, 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.
  • Lorraine Murphy is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Lorraine Murphy, by third parties or by any of the Purchase Services offered by Lorraine Murphy.

12. Indemnity

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

13. Dispute Resolution

  • Compulsory:
    • If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • Notice:
    • A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • Resolution:
    • On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
      Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    • If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the New South Wales Law Society or his or her nominee;
    • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    • The mediation will be held at a location to be agreed between the parties.
    • Confidential
      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

14. Venue and Jurisdiction

The Purchase Services offered by Lorraine Murphy is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

15. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16. 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.