The material purchase and use terms and conditions by student
These pages create the contract terms between the student and Ksenia Rose, representing Face Fitness Australia, acting on the basis of registration number (ABN) 12 337 349 046 referred to as the Author, which contain all essential terms:
(a) your use of the website https://facefitnessaustralia.com ; and
(b) Services purchase, provision, use, and access to courses, trainings, and the Author' other Products (Terms of Use), information about which is posted on the Author official website.
The student is obliged to fully familiarize himself with this document before the payment is made, as well as provide information about his/her health by filling out a questionnaire.
These terms may be revised or updated by the author at any time by posting revised or updated terms and conditions on the website https://facefitnessaustralia.com, which are binding on the student from the publication moment on the aforementioned website. The student should regularly check the website for the terms most recent version.
1. DEFINITIONS.
1.1 In the Terms, unless the context otherwise requires:
(a) Face Fitness Australia and/or Author is a company with training courses on preserving beauty and youth, with the help of facial exercises and self-massage.
(b) Student - any individual who wishes to conclude, on the Terms and Conditions set out on these pages, a contract with the Author to provide access to the course (or courses), training (or trainings) and other the Author's Products and who is the Author's paid services a consumer.
(c) The Certificate - means a document or other notice confirming that the Student has completed the course, training, or the Author other training programs, information about which is indicated on the Author website.
(d) Contract is this "The terms and conditions of the materials purchase and use by the student dated _________ 2021" published on the Author website.
(e) Services - the paid services provided by the Author, during which the Author provides the Student with training materials, webinars, manuals in a set, etc., united by the same topic in the Face Fitness field or access to separately purchased webinars by the Student on the website, course (s), trainings on the terms outlined in this Contract and on the website corresponding page with the Author's Services and/or Products.
(f) Course and/or the Training - means a training course or the Author other programs (training), including theory and practical tasks in the preserving beauty and youth field, with the facial exercises and self-massage help conducted by the Author personally and/or remotely.
(g) Webinar - the tutorial video presentation with comments from the Author.
(h) Product - digital (electronic) goods (e-books, webinars recordings, masterclasses, trainings) that are sold remotely on the Author Website.
(i) Payment for Services and/or Products means the fee charged by the Author to the Student for providing access to the Course (or Courses) and/or Products.
(j) Contract Conclusion means the Student's actions aimed at gaining access to courses, trainings or Products, information about which is indicated on the Author's website.
(l) The Website means https://facefitnessaustralia.com or the Author's other websites containing information about the Services (courses/trainings) or Products purchased by the Student.
(m) Promotion (discount) - the Service and/or the Products purchase by the Student at a cost lower than the Service and/or the Products initial cost.
n) Intellectual Property means any type or nature of all intellectual property associated with the course and/or other programs provided to the Student, including but not limited to intellectual property in the Author's any course content, other programs, products, documents, and resources.
(o) Privacy Policy means the privacy policy maintained and applied by the Author concerning the Student's personal information, which Privacy Policy is published on the Website (updated from time to time).
(p) Force majeure means a natural disaster (such as an earthquake, hurricane or volcano), war, pandemic, terrorism, strike, embargo or unavailability of products or services by the Author's suppliers for reasons beyond the Author's control which have a material and adverse effect on Author's ability to provide Services to the Student.
(q) Personal information means a phone number, and e-mail address for sending mandatory notifications, methodological material (E-mail), notifications - WhatsApp Messenger, Instagram, access to closed groups on Instagram or the Author's YouTube channel necessary for the contract terms proper execution.
(r) Gift Certificate means a document confirming an advance payment and entitling to receive Goods and/or Services in an amount equivalent to the face certificate value.
(s) Bonuses means the additional incentive / gift provided by the Author's to the student when the Student performs all tasks on the course and / or training and provides the student with photos and videos of the results obtained from the course and / or training. The Author reserves the right not to provide a Bonus as a result of unfair actions on the part of the Student.
2. THE STUDENT DECLARATION.
2.1 If the individual accepts the Terms and Conditions set out on the pages and pays for the services, the individual who makes the payment will enter into a contract and become a Student.
2.2. The student, interested in purchasing the Author's Services and/or the Product, fills out the registration form when placing the application and pays for the Service and/or the Product, in the manner provided for in sections 4 and 6.
2.3. By accepting these Terms, the Student acknowledges, agrees and warrants that he or she:
2.3.1. has read and understood these Terms and any documents provided by the Author during registration or application (including any Student Conduct Code or Student Conduct Code published on the Website or provided to the Student for review when booking the Service);
2.3.2. understands that by registering or completing an application and paying for the Services, the Student enters into a contract with the Author;
2.3.3. is over 18 years of age (or has the consent and support of a parent, family member who is over 18 years of age) and can provide evidence of this upon request;
2.3.4. has reliable access to a stable, virus-free computer or laptop and a reliable Internet connection;
2.3.5. does not have any medical, physical or behavioural conditions that would prevent him from taking a course, training or from complying with these Terms, which he did not disclose to the Author;
2.3.6. disclosed all relevant information during the application process and payment for the Services.
2.4. The contract is considered concluded from the moment the Student pays for the corresponding Service and/or Products cost.
2.5. By accepting these Terms, the Student also gives his consent to the Author's use of the Student's personal data, without specifying his name. All data is used solely for the purpose of increasing confidence in the Author's Services and/or Goods, as proof of the quality of the Goods and the effectiveness of the services provided by the Author.
3. THE CONTRACT SUBJECT.
3.1. Under these Terms, the Author undertakes to provide information services and/or provide the products agreed in clause 2.2., and the Student undertakes to accept and pay for the Author's services and/or products.
3.2. The services and/or the products types and names, the topics list, the form, the implementation methods, the period for the services provision and/or the products transfer, and other necessary characteristics are indicated in the Author Website relevant sections https://facefitnessaustralia. com.
3.3. The Student undertakes to select the necessary Service (s) and/or Product (s) for its further use and pay for them. The Services and/or the Products cost is reported by the Author on the Website.
3.4. By concluding this Contract in the manner specified in section 2, the Student guarantees that he is familiar with, agrees, fully and unconditionally accepts the Contract all the terms in the form in which they are set forth.
4. REGISTRATION AND APPLICATION.
4.1 An application for the Services and/or Products may be made by the Participant on the Website by filling in the form on the Products and/or Service description page or by WhatsApp Messenger, Instagram, Facebook.
4.2. When placing an application, the Student must provide the Author with all information (including but not limited to personal information: full name, phone number, email, and fill out a questionnaire) reasonably necessary for the Author for the considering the application and fulfilling the Author's obligation's purpose. The Author will deal with any personal information provided in this way under its Privacy Policy and otherwise under the law.
4.3. Not later than 3 (three) business days from the application receipt date and payment receipt for the Service and/or the Products, the Author sends the Student a notification that following the checking' the questionnaire results, the application has been accepted and is booking the date for the Service and/or the Products provision.
4.4. The Student guarantees to the Author that all information provided when placing an application for the Service and/or Products and in the questionnaire is true and correct. The Student undertakes to provide the Author, upon request, with this evidence.
4.5. The Student must immediately inform the Author of any changes in any information provided by the Student under clause 4.2. or otherwise.
4.6. The student must apply to the purchase of the Services and/or the Products in the manner prescribed in cl. 4.1. - 4.2. Refusal to fill out the Questionnaire or failure to provide information may lead to the Author refusal to accept the application or cancel the booking.
5. PROCEDURE FOR PROVIDING ACCESS TO THE PRODUCTS AND PROVIDING SERVICES.
5.1. The rendering terms, the specific time, hours number and the Services provision dates are indicated on the Website in the section (s) corresponding to the Service chosen by the Student, or agreed in writing during the correspondence between the Author and the Student.
5.2. The Author provides the Student with Services in the following form:
5.2.1. in person at the premises at the address previously agreed between the Author and the Student in personal correspondence in Gold Coast city, Australia.
5.2.2. by providing the Student with a link to the e-mail address with access to the course and/or training records. Video tutorials are stored on the YouTube channel or in a closed group on the Author's Instagram.
5.2.3. in the online broadcasts form during face-to-face training through third-party services Zoom or Skype, by providing a link to the Student's email address to access the Platform on which the online broadcast will be carried out.
5.3. After the payment is credited to the Author's account or payment confirmation in the payment system, the Student receives information to access the Service and/or to receive the Products by e-mail specified when completing the application.
5.4. If necessary, the Author can change the schedule both before the course program and/or training start, and in the program's course, notifying the Student via WhatsApp Messenger, Instagram, Facebook
5.5. Links for downloading the purchased Products in electronic form, masterclasses, webinars and training programs individual recordings are provided to the e-mail specified by the Student in the application, no later than 2 (two) days after payment receipt, unless otherwise agreed between the Parties.
5.6. If the link for access to the Service and/or the Product is not received, as well as in other technical difficulties cases, the Student is obliged to immediately send a message to the email address: facefitnessaustralia@gmail.com.
5.7. Access to the course content and/or training is provided by default for 1 month in a period unless otherwise agreed.
5.8. The courses and/or trainings beginning date and time conducted by the Author in person or remote online formats is agreed by the Parties additionally after payment for the Service in personal correspondence.
5.9. If the Student does not get in touch or does not come to the training on time, the training time is not extended. If the Author does not get in touch on time or does not come to the training on time, the time is extended for such a delay period.
5.10. The Student may refuse the Service by written notification by e-mail no later than 2 days before the service start, in which case the Author will refund to the Student the fee for the Service paid by the Student on such withdrawal date.
5.11. With the Author consent, the Student may, no later than 1 day before the course and/or training start, apply for a replacement or transfer to another course and/or training. If the Student applies for a replacement or transfer after the period expiration established by this clause, the Author has the right to satisfy the application, subject to additional payment by the Student of the purchased course and/or training cost of another 50%.
5.12. If the Author agrees to terminate this contract, then, unless otherwise agreed in writing, the return is carried out in the manner prescribed by the return policy (section 8)
5.13. The obligations' fulfilment confirmation to provide services by the Author is the following:
5.13.1. in the services provision part in the Author's training, a course on-site form or remotely online - these events actual holding moment is considered (at the date and time);
5.13.2. in part providing access to videos, webinars, the course program and/or product online training - the sending a letter' fact to the Student with a link to access the Author's YouTube channel or sending recordings and/or Products to the Student's e-mail is considered.
5.14. Services under this contract are considered to be provided with proper quality and on time, as well as accepted by the Student:
5.14.1. concerning courses, trainings conducted by the Author in person - on the course and/or training program completion day. Access to bonus materials and records is provided for 1 month from the course and/or training program completion date;
5.14.1. concerning courses, trainings conducted remotely online by the Author - on the course and/or training programme completion date. Access to bonus materials and records is provided for 1 month from the course and/or training program completion date;
5.14.3. concerning courses, trainings, webinars in recording - from the moment the Student is provided with links with access to the Author's YouTube channel or the recordings and/or Products are sent to the Student's e-mail.
5.14.4. concerning products (webinars, guides, checklists, teaching materials recordings for courses, trainings, e-books) - at sending a file time with the Products to the Student's e-mail address, links to download the Products.
5.15. An act drafting and signing on the services rendered by these Terms and by the contract concluded on the basis is not provided.
5.16. If the Author can't fulfil his obligations under this contract, which arose through the Student fault, the services are to be paid in full.
6. SERVICES AND PRODUCTS. COST.
6.1. The services and/or products cost is determined under the prices indicated on the Author website. The Service price also includes the bonus lessons cost and/or materials, consumables, the providing a license cost under cl. 11.3. Conditions.
6.2. By registering for the course and/or leaving a request for a service provision ((including but not limited to entering into a contract) or products purchasing, the Student agrees to pay for the Author service and/or products in the amount and the manner specified by the Author on the website or agreed with the Student in personal correspondence during registration and/or the application registration.
6.3. The author has the right at any time to unilaterally change the services and/or products cost.
6.4. The author can (but is not obliged) to offer the Student payment methods for the service and/or the Products. The Student must strictly comply with any payment method terms agreed between the Author and the Student.
6.5. Payment for Services and/or Products is possible in the following ways any:
6.5.1. by depositing funds to the Author settlement account (bank transfer);
6.5.2. by transferring through the PayPal payment system or in any other way indicated on the website https://facefitnessaustralia.com/.
6.6. The Author makes no representations, promises or guarantees regarding any payment options suitability for the Student, and the Student hereby disclaims and releases the Author from any claims, from any losses, costs or expenses that the Author may incur in connection with the payment for the Services and /or Products.
6.7. Services and/or Products are paid on a 100% payment basis.
6.8. The Student does not have the right to assign or transfer any of his rights and obligations to pay for the Services without the Author written consent.
6.9. The Author reserves the right to cancel the payment if:
6.11. All prices provided for in these Terms are indicated without taxes and other mandatory payments.
7. THE AUTHOR RIGHTS AND OBLIGATIONS.
7.1. The Author has the right to refuse to provide services to the Student if the Customer provides deliberately incorrect (false) information when filling out the application and filling out the Questionnaire.
7.2. The Author has the right to refuse to provide the Student with new services if the Student committed violations during the providing the services period provided for by the Australia current legislation and this contract.
7.3. The Author has the right to immediately terminate the services' provision without payment refund in the aggression event or disrespectful attitude towards the Author on the Student part.
7.4. The Author has the right to postpone the Services provision start date for a period not exceeding one month, having previously notified the Student about this.
7.5 The Author reserves the right to withdraw any course(s) and/or training(s) from availability as well as to cancel any course or training to which the Student has been given access if the Author in its sole discretion determines that the course and/or training is not financially viable, whether or not such course(s) and/or training(s) has commenced. If the Course is cancelled under this clause, the Author shall return to the Student the price paid by the Student for the course (s) and/or training (s) on such cancellation date and without penalties.
7.6. The Author reserves the right to reject an application for the Services (s) and/or the Products receipt, which does not meet the Terms section 4 requirements.
7.7. If at any time the Student violates these Terms, the Author may send a notification to the Student about the rules in these Terms' the Student's violation and demand that such violations be corrected.
7.8. If the Student ignores the request issued under clause 7.7., the Author may, at his option, by further notice to the Student:
7.8.1. suspend any courses and/or training provided to the Student until the Student has eliminated all applicable violations; and/or
7.8.2. close access to any course and/or training that remains uncompleted.
7.9. Despite the provisions of 7.7. and 7.8., the Author may, in cases where he determines that:
7.9.1. The student provided any false or misleading information to the Author as part of filling out the questionnaire and completing the application;
7.9.2. The student is not older than 18 years old;
7.9.3. The Student behaves towards other Student or the Author not under the Terms and Conditions set out in section 14, the Author has the right to:
7.11. The author has the right to publish on his resources the Student's reviews, only in agreement with them, confirmed by exchanging text messages by e-mail.
8. THE STUDENT RIGHTS AND OBLIGATIONS.
8.1. The Student undertakes to provide accurate information when registering for the course (s) and/or training (s).
8.2. The Student is obliged to strictly follow the instructions, as well as follows all the recommendations for performing the Author's exercises during the course (s) and/or training (s).
8.3. The Student has the right to demand from the Author to provide information on issues related to the organization and ensuring the services proper provision.
8.4. The Student is obliged to pay for the Author Services in the manner, on time and the conditions stipulated by these Terms.
8.5. The Student is obliged to familiarize himself with these Terms.
8.6. The Student is obliged to attend the training (s) and course (s) under the Author schedule.
8.7. The Student is obliged to take the Author property in good care and observe discipline and behaviour generally accepted norms, in particular, show respect for the Author and other Student, not attend course classes and/or training in the alcoholic, drug or toxic intoxication state. If the Student fails to comply with this requirement, the Author has the right to refuse to provide the Services (attend the training), including the Customer bears responsibility under these Terms section 15.
8.8. Notify the Author about good reasons for absence from classes (48 hours before their start), according to the Author schedule, by sending a written notification to the email address facefitnessaustralia@gmail.com. Otherwise, the pass will be considered absenteeism for no good reason, and the Customer loses the right to attend the lesson at another time (by another group) and cannot demand the Service's cost a refund for the absence hours.
8.9. The student has the right to leave feedback about the Author and the services rendered by him by sending feedback to the Author by e-mail or by leaving his feedback through the feedback form on the Author website.
9. RETURN POLICY
9.1. Under the State of Queensland, Australia laws, the Student has the right to cancel or request a refund:
9.1.1. for courses, trainings conducted in the personal communication format with the Author and involving the participation a long period - no later than 3 days before the course and/or training start.
9.1.2. for courses, trainings conducted remotely online and involving the participation a long period - no later than 1 day before the training start.
9.1.3. concerning courses, trainings, provided to the student in the recording - until the Student is provided with a link with access to the Youtube channel or a closed group on the Author Instagram or these recordings are sent to the Student's email address.
In the above cases, the Author refunds 100% of the fee received from the Student minus the commission for the funds' transfer. Otherwise, it is not possible to cancel the booking or request a refund.
9.2. To request a refund or cancellation, it is necessary to contact the Author at facefitnessaustralia@gmail.com from the Student's email address and provide the order number. The email or message text must contain the following information: the name of the Service and/or the product purchased by the Student, the purchase date, the email address and the name associated with such purchase, the reason for such request.
9.3. The Author considers the requirements within 14 days and informs the Student about the decision by e-mail.
9.4. If the Student is eligible for a refund, the Author will refund the funds by transfer via the PayPal payment system or to the Student debit card from which the payment was made.
9.5. If the product has a discount, it is non-refundable, as well as the Student's refusal from the Service (courses/training elements), purchased within the Promotion framework held by the Author is not a basis for refunding the money to the Student.
9.6 Gift vouchers are non-refundable and the fee is non-refundable.
10. INTELLECTUAL PROPERTY
10.1 All content and the website, courses, training and merchandise content, including but not limited to technology, source code, software, scripts, images, graphics and audio are the Author intellectual property. Courses are protected by copyright laws.
10.2. The student agrees that courses, trainings and copyright manuals remain the Author and/or supplier property, as the case may be. The student also agrees that he has no rights to courses, trainings and copyright manuals, except for the right to use them under the licence terms given in section 11.
10.3. The Author owns all rights to all current and future intellectual property, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other current and future intellectual property rights.
10.4. The student is required:
10.4.1. always maintain all intellectual property confidentiality provided to him for use under these Terms and the concluded contract; and
10.4.2. use the intellectual property exclusively for personal purposes and only for the course training.
10.5. The student shouldn't:
10.5.1. claim any ownership or other interest in intellectual property or use, modify or process any intellectual property;
10.5.2. copy or reproduce intellectual property without the Author written consent;
10.5.3. share or provide access to intellectual property to any third party;
10.5.4. do anything that may damage, jeopardize ownership, or jeopardize the Author's reputation.
10.6. The Student acknowledges that intellectual property is the Author's business, an integral part. Failure by the Student to comply with the provisions enshrined in the contract section 10 gives the Author the right to cancel the Student's reservation/or terminate the contract with immediate effect by notifying the Student and demand a fine payment in the amount provided for in cl. 10.7.
10.7. In this section terms violation case (the Terms section 10) regarding the Author intellectual property confidential information and illegal use dissemination, the Student is liable to the Author for damages caused by such violations' fact in a fine form, which the amount is $10,000 for violation in each case.
10.8. The student who has exercised the right provided for in these Terms' clause 9.1., loses the right to use the website for any purpose, including for the services and/or products purchase, as well as for the Student, access to the course and/or training is terminated (access to the closed group on Instagram and/or YouTube -Author's channel). The Student's request for return is considered to revoke the previously given consent to conclude this contract and to terminate all licences granted to use the course and/or training materials provided by the Author.
11. LICENSE TO USE.
11.1. The Author grants the student a fully revocable, non-exclusive, non-transferable, non-sublicensable, limited right and licence:
11.1.1. access, internally use and display the website, courses, trainings, and the author's manual solely for viewing and/or participating in courses, trainings as permitted by these Terms; and
11.1.2. view permitted content from courses, trainings, and other information to the extent established by these Terms.
11.2. The Student must comply with all copyright notices or restrictions contained on the website or in courses, trainings and/or copyright guidelines.
11.3. The fee for providing a licence for course materials, trainings and/or other bonus lessons, including the author's manual (guide, checklists, presentations, etc.) is 50% of the entire course and/or training cost. In this case, it does not matter whether the Student used the intellectual property provided as the training part.
11.4. The Student agrees that at the providing feedback time, the Student provides the Author with his consent to post photos, videos and personal information about himself on the Author's resources, as well as non-exclusive rights to public display, processing, reproduction, communication to the public without restricting the territory and term, without paying any remuneration for the feedback provided by the Student.
12. THE STUDENT BEHAVIOR.
12.1. The Author may publish on his website any conduct code when receiving the Services (face-to-face, online) or other rules regarding the Student behaviour. It is the Student responsibility to familiarize himself with and abide by any such code or rules.
12.2. Without limiting the foregoing, in his relationship with other Student and the Author, the Student must at any time:
12.2.1. do not use profanity, do not use expressions in communication that may offend the Author or other Student representative;
12.2.2. observe discipline and generally accepted behaviour norms, in particular, show respect for the Author and other Student staff, not infringe on their honour and dignity;
12.2.3. not to allow aggressive behaviour during the services' provision, not to interfere with the Author or other Student in the Services provision/receipt, not to allow statements (orally, in writing) that are not related to the course, training, topic, etc.;
12.2.4. not to use the information received from the Author in ways that may or will lead to damage to the Author interests;
12.2.5. not to use the materials provided by the Author to make a profit by replicating and reproducing them repeatedly to third parties (publications in the press and other publications, public speeches, etc.) and in other ways;
12.2.5. do not distribute in any way, incl. to third parties, not to copy, save, post, publish in public, closed, open sources for any circle of persons (including for their use) provided by the Author: information, materials, manuals, recordings, videos, etc. etc. courses, trainings, masterclasses and other services provided by the Author;
12.2.6. not to appear in class with signs/in a state of alcoholic, drug or other intoxication and not to use alcoholic and narcotic substances on the Author territory and/or during the Services provision;
12.2.7. do not use profanity, do not use expressions in communication that may offend the Author or other Student representative;
13. COMPLAINTS AND DISPUTE RESOLUTION.
13.1. The student is encouraged to provide feedback on the course, training, author's manual and his learning experience. Feedback can be used for marketing purposes. If the Student does not want his feedback to be used in this way, he must inform the Author about it.
13.2 Any complaints must be made in writing and submitted to facefitnessaustralia@gmail.com
13.3. Within 10 (ten) days from the complaint receipt date, the Author is obliged to send a response to this complaint.
13.4. If the complaint cannot be resolved or another dispute arises (other than a dispute regarding any amounts payment payable by the Student to the Author under these Terms), then either the Student or the Author must first refer to the dispute resolution procedure set out below, before taking any other action.
13.5. If a response to the complaint is not received by the party that sent the complaint within 30 (thirty) days from the corresponding complaint date, or if the parties do not agree on the claims and/or disagreements that have arisen, then either party may subsequently take such actions in the dispute subject matter respect as it deems appropriate, or refer the dispute to a court in Queensland, Australia.
14. LIABILITY AND ITS LIMITATION.
14.1. The Parties are liable under the State of Queensland, Australia applicable laws.
14.2. Under no circumstances will the Author be liable to the Student for any direct, indirect, special or other indirect damage as the information and use a result provided by the Author as the course and/or training part.
14.3. The student is responsible for the information discrepancy specified by him during the application and registration for the course and/or training, including for the information discrepancy specified by the Student in the questionnaire, and is the adverse consequences entire risk-aware associated with its incorrect indication.
14.4. The website and courses, trainings and author's manual are provided to the Student "as is".
14.5. The Author provides services in good faith but does not give any guarantees or assurances that the courses, trainings will meet the Student requirements.
14.6. The Author is not responsible for the provided service fails to meet the Student's expectations and/or for his subjective assessment. Such a discrepancy with expectations and/or a negative subjective assessment are not grounds for considering the services rendered poorly, or not in the agreed volume.
14.7 The author reserves the right to suspend the website use and/or access to the course(s), training session(s) at any time for technical, organizational, legal or other reasons.
14.8. The author is not responsible for:
for mistakes made by the Student when making payment for the Services and/or Products;
for the correctness or erroneousness of the decisions made by the Student regarding the information received during the course and/or training;
for the inability to service the Student for reasons related to the Internet channel, equipment or software disruption by the Author, as well as the telecommunication, computer, electrical or related systems malfunctions in any case;
if the liability is associated with or resulted from the inaccurate, incorrect, untimely, irrelevant, incomplete or misleading information presented by the Student to the Author. Any third parties related claims and/or inspection bodies are not accepted by the Author and are the Student responsibility;
14.9. The Student is obliged to reimburse the Author for losses associated with these Terms sections 10 and 11 violation in full and is liable under the current legislation on the intellectual property protection.
14.10. The Student aggregate liability under the contract entered into by the parties on these Terms and Conditions basis, for any claim or claim concerning the contract or its performance, is limited to the payment amount paid to the Author by the Student for the Service (s) and/or the Product.
14.11. This section provisions remain in effect after these Terms expiration.
15. FORCE MAJEURE CIRCUMSTANCES.
15.1. If force majeure occurs:
15.1.1. The student is not released from his contractual obligations, except as provided in this section.
15.1.2. The Author may, of his choice:
16. GENERAL PROVISIONS.
16.1. If in these Terms, any provision is found to be illegal or unenforceable, the remaining provisions will remain in effect.
16.2. The Author has the right to transfer any or all of his rights under these Terms by notice to the Student. The student does not have the right to transfer his rights or obligations any under these Terms without the Author consent.
16.3. The terms and any contract shall be construed and applied under the State of Queensland, Australia laws, and are subject to the State of Queensland, Australia courts exclusive jurisdiction.
16.4. The Author reserves the right to supplement and make any changes to the Terms at any time. Such amendments will take effect concerning concluded contracts from the notification date to the Student.
16.5. All disputes or disagreements arising between the Author and the Student in connection with the Website use, course materials and/or training and the Author other intellectual property, including concerning these Terms or other documents validity issued by the Author subsequently, will be resolved by negotiations between the parties.
16.6. If it is not possible to resolve the dispute through negotiations, the dispute shall be considered in the State of Queensland, Australia court.
17. PROMOTIONS, DISCOUNTS AND BONUSES.
17.1. The Author has the right from time to time to give a promo code or discount code (together with "Promo code"), which will reduce the price of courses, trainings and/or goods. The promo code must be applied during the application registration and cannot be reapplied.
17.2. If a Promo code is issued to the Student, it is personal and cannot be transferred to another person. If the Author believes that he is being used for other purposes or is being used fraudulently, the Author reserves the right to cancel the Promo Code.
17.3. The promo code cannot be transferred, sold or redeemed for cash or credit, and has no cash value.
17.4. The promo code is valid only for the time specified period in the use terms, or until the Promo code use, when it expires.
17.5. The Author also has the right from time to time to organize stimulating events (actions) aimed at attracting the Student' attention to the Author services and products. The promotion terms and conditions are set by the Author independently and published on the Author website or other resources.
17.6. For Student who have completed the entire course and / or training program and provided photos and videos of their results as confirmation, the Author may provide bonuses in order to stimulate sales and increase loyalty to their services and / or goods.
17.7. The bonus format, conditions and procedure for granting bonuses are established by the Author independently and are published on the Author's resources.
These pages create the contract terms between the student and Ksenia Rose, representing Face Fitness Australia, acting on the basis of registration number (ABN) 12 337 349 046 referred to as the Author, which contain all essential terms:
(a) your use of the website https://facefitnessaustralia.com ; and
(b) Services purchase, provision, use, and access to courses, trainings, and the Author' other Products (Terms of Use), information about which is posted on the Author official website.
The student is obliged to fully familiarize himself with this document before the payment is made, as well as provide information about his/her health by filling out a questionnaire.
These terms may be revised or updated by the author at any time by posting revised or updated terms and conditions on the website https://facefitnessaustralia.com, which are binding on the student from the publication moment on the aforementioned website. The student should regularly check the website for the terms most recent version.
1. DEFINITIONS.
1.1 In the Terms, unless the context otherwise requires:
(a) Face Fitness Australia and/or Author is a company with training courses on preserving beauty and youth, with the help of facial exercises and self-massage.
(b) Student - any individual who wishes to conclude, on the Terms and Conditions set out on these pages, a contract with the Author to provide access to the course (or courses), training (or trainings) and other the Author's Products and who is the Author's paid services a consumer.
(c) The Certificate - means a document or other notice confirming that the Student has completed the course, training, or the Author other training programs, information about which is indicated on the Author website.
(d) Contract is this "The terms and conditions of the materials purchase and use by the student dated _________ 2021" published on the Author website.
(e) Services - the paid services provided by the Author, during which the Author provides the Student with training materials, webinars, manuals in a set, etc., united by the same topic in the Face Fitness field or access to separately purchased webinars by the Student on the website, course (s), trainings on the terms outlined in this Contract and on the website corresponding page with the Author's Services and/or Products.
(f) Course and/or the Training - means a training course or the Author other programs (training), including theory and practical tasks in the preserving beauty and youth field, with the facial exercises and self-massage help conducted by the Author personally and/or remotely.
(g) Webinar - the tutorial video presentation with comments from the Author.
(h) Product - digital (electronic) goods (e-books, webinars recordings, masterclasses, trainings) that are sold remotely on the Author Website.
(i) Payment for Services and/or Products means the fee charged by the Author to the Student for providing access to the Course (or Courses) and/or Products.
(j) Contract Conclusion means the Student's actions aimed at gaining access to courses, trainings or Products, information about which is indicated on the Author's website.
(l) The Website means https://facefitnessaustralia.com or the Author's other websites containing information about the Services (courses/trainings) or Products purchased by the Student.
(m) Promotion (discount) - the Service and/or the Products purchase by the Student at a cost lower than the Service and/or the Products initial cost.
n) Intellectual Property means any type or nature of all intellectual property associated with the course and/or other programs provided to the Student, including but not limited to intellectual property in the Author's any course content, other programs, products, documents, and resources.
(o) Privacy Policy means the privacy policy maintained and applied by the Author concerning the Student's personal information, which Privacy Policy is published on the Website (updated from time to time).
(p) Force majeure means a natural disaster (such as an earthquake, hurricane or volcano), war, pandemic, terrorism, strike, embargo or unavailability of products or services by the Author's suppliers for reasons beyond the Author's control which have a material and adverse effect on Author's ability to provide Services to the Student.
(q) Personal information means a phone number, and e-mail address for sending mandatory notifications, methodological material (E-mail), notifications - WhatsApp Messenger, Instagram, access to closed groups on Instagram or the Author's YouTube channel necessary for the contract terms proper execution.
(r) Gift Certificate means a document confirming an advance payment and entitling to receive Goods and/or Services in an amount equivalent to the face certificate value.
(s) Bonuses means the additional incentive / gift provided by the Author's to the student when the Student performs all tasks on the course and / or training and provides the student with photos and videos of the results obtained from the course and / or training. The Author reserves the right not to provide a Bonus as a result of unfair actions on the part of the Student.
2. THE STUDENT DECLARATION.
2.1 If the individual accepts the Terms and Conditions set out on the pages and pays for the services, the individual who makes the payment will enter into a contract and become a Student.
2.2. The student, interested in purchasing the Author's Services and/or the Product, fills out the registration form when placing the application and pays for the Service and/or the Product, in the manner provided for in sections 4 and 6.
2.3. By accepting these Terms, the Student acknowledges, agrees and warrants that he or she:
2.3.1. has read and understood these Terms and any documents provided by the Author during registration or application (including any Student Conduct Code or Student Conduct Code published on the Website or provided to the Student for review when booking the Service);
2.3.2. understands that by registering or completing an application and paying for the Services, the Student enters into a contract with the Author;
2.3.3. is over 18 years of age (or has the consent and support of a parent, family member who is over 18 years of age) and can provide evidence of this upon request;
2.3.4. has reliable access to a stable, virus-free computer or laptop and a reliable Internet connection;
2.3.5. does not have any medical, physical or behavioural conditions that would prevent him from taking a course, training or from complying with these Terms, which he did not disclose to the Author;
2.3.6. disclosed all relevant information during the application process and payment for the Services.
2.4. The contract is considered concluded from the moment the Student pays for the corresponding Service and/or Products cost.
2.5. By accepting these Terms, the Student also gives his consent to the Author's use of the Student's personal data, without specifying his name. All data is used solely for the purpose of increasing confidence in the Author's Services and/or Goods, as proof of the quality of the Goods and the effectiveness of the services provided by the Author.
3. THE CONTRACT SUBJECT.
3.1. Under these Terms, the Author undertakes to provide information services and/or provide the products agreed in clause 2.2., and the Student undertakes to accept and pay for the Author's services and/or products.
3.2. The services and/or the products types and names, the topics list, the form, the implementation methods, the period for the services provision and/or the products transfer, and other necessary characteristics are indicated in the Author Website relevant sections https://facefitnessaustralia. com.
3.3. The Student undertakes to select the necessary Service (s) and/or Product (s) for its further use and pay for them. The Services and/or the Products cost is reported by the Author on the Website.
3.4. By concluding this Contract in the manner specified in section 2, the Student guarantees that he is familiar with, agrees, fully and unconditionally accepts the Contract all the terms in the form in which they are set forth.
4. REGISTRATION AND APPLICATION.
4.1 An application for the Services and/or Products may be made by the Participant on the Website by filling in the form on the Products and/or Service description page or by WhatsApp Messenger, Instagram, Facebook.
4.2. When placing an application, the Student must provide the Author with all information (including but not limited to personal information: full name, phone number, email, and fill out a questionnaire) reasonably necessary for the Author for the considering the application and fulfilling the Author's obligation's purpose. The Author will deal with any personal information provided in this way under its Privacy Policy and otherwise under the law.
4.3. Not later than 3 (three) business days from the application receipt date and payment receipt for the Service and/or the Products, the Author sends the Student a notification that following the checking' the questionnaire results, the application has been accepted and is booking the date for the Service and/or the Products provision.
4.4. The Student guarantees to the Author that all information provided when placing an application for the Service and/or Products and in the questionnaire is true and correct. The Student undertakes to provide the Author, upon request, with this evidence.
4.5. The Student must immediately inform the Author of any changes in any information provided by the Student under clause 4.2. or otherwise.
4.6. The student must apply to the purchase of the Services and/or the Products in the manner prescribed in cl. 4.1. - 4.2. Refusal to fill out the Questionnaire or failure to provide information may lead to the Author refusal to accept the application or cancel the booking.
5. PROCEDURE FOR PROVIDING ACCESS TO THE PRODUCTS AND PROVIDING SERVICES.
5.1. The rendering terms, the specific time, hours number and the Services provision dates are indicated on the Website in the section (s) corresponding to the Service chosen by the Student, or agreed in writing during the correspondence between the Author and the Student.
5.2. The Author provides the Student with Services in the following form:
5.2.1. in person at the premises at the address previously agreed between the Author and the Student in personal correspondence in Gold Coast city, Australia.
5.2.2. by providing the Student with a link to the e-mail address with access to the course and/or training records. Video tutorials are stored on the YouTube channel or in a closed group on the Author's Instagram.
5.2.3. in the online broadcasts form during face-to-face training through third-party services Zoom or Skype, by providing a link to the Student's email address to access the Platform on which the online broadcast will be carried out.
5.3. After the payment is credited to the Author's account or payment confirmation in the payment system, the Student receives information to access the Service and/or to receive the Products by e-mail specified when completing the application.
5.4. If necessary, the Author can change the schedule both before the course program and/or training start, and in the program's course, notifying the Student via WhatsApp Messenger, Instagram, Facebook
5.5. Links for downloading the purchased Products in electronic form, masterclasses, webinars and training programs individual recordings are provided to the e-mail specified by the Student in the application, no later than 2 (two) days after payment receipt, unless otherwise agreed between the Parties.
5.6. If the link for access to the Service and/or the Product is not received, as well as in other technical difficulties cases, the Student is obliged to immediately send a message to the email address: facefitnessaustralia@gmail.com.
5.7. Access to the course content and/or training is provided by default for 1 month in a period unless otherwise agreed.
5.8. The courses and/or trainings beginning date and time conducted by the Author in person or remote online formats is agreed by the Parties additionally after payment for the Service in personal correspondence.
5.9. If the Student does not get in touch or does not come to the training on time, the training time is not extended. If the Author does not get in touch on time or does not come to the training on time, the time is extended for such a delay period.
5.10. The Student may refuse the Service by written notification by e-mail no later than 2 days before the service start, in which case the Author will refund to the Student the fee for the Service paid by the Student on such withdrawal date.
5.11. With the Author consent, the Student may, no later than 1 day before the course and/or training start, apply for a replacement or transfer to another course and/or training. If the Student applies for a replacement or transfer after the period expiration established by this clause, the Author has the right to satisfy the application, subject to additional payment by the Student of the purchased course and/or training cost of another 50%.
5.12. If the Author agrees to terminate this contract, then, unless otherwise agreed in writing, the return is carried out in the manner prescribed by the return policy (section 8)
5.13. The obligations' fulfilment confirmation to provide services by the Author is the following:
5.13.1. in the services provision part in the Author's training, a course on-site form or remotely online - these events actual holding moment is considered (at the date and time);
5.13.2. in part providing access to videos, webinars, the course program and/or product online training - the sending a letter' fact to the Student with a link to access the Author's YouTube channel or sending recordings and/or Products to the Student's e-mail is considered.
5.14. Services under this contract are considered to be provided with proper quality and on time, as well as accepted by the Student:
5.14.1. concerning courses, trainings conducted by the Author in person - on the course and/or training program completion day. Access to bonus materials and records is provided for 1 month from the course and/or training program completion date;
5.14.1. concerning courses, trainings conducted remotely online by the Author - on the course and/or training programme completion date. Access to bonus materials and records is provided for 1 month from the course and/or training program completion date;
5.14.3. concerning courses, trainings, webinars in recording - from the moment the Student is provided with links with access to the Author's YouTube channel or the recordings and/or Products are sent to the Student's e-mail.
5.14.4. concerning products (webinars, guides, checklists, teaching materials recordings for courses, trainings, e-books) - at sending a file time with the Products to the Student's e-mail address, links to download the Products.
5.15. An act drafting and signing on the services rendered by these Terms and by the contract concluded on the basis is not provided.
5.16. If the Author can't fulfil his obligations under this contract, which arose through the Student fault, the services are to be paid in full.
6. SERVICES AND PRODUCTS. COST.
6.1. The services and/or products cost is determined under the prices indicated on the Author website. The Service price also includes the bonus lessons cost and/or materials, consumables, the providing a license cost under cl. 11.3. Conditions.
6.2. By registering for the course and/or leaving a request for a service provision ((including but not limited to entering into a contract) or products purchasing, the Student agrees to pay for the Author service and/or products in the amount and the manner specified by the Author on the website or agreed with the Student in personal correspondence during registration and/or the application registration.
6.3. The author has the right at any time to unilaterally change the services and/or products cost.
6.4. The author can (but is not obliged) to offer the Student payment methods for the service and/or the Products. The Student must strictly comply with any payment method terms agreed between the Author and the Student.
6.5. Payment for Services and/or Products is possible in the following ways any:
6.5.1. by depositing funds to the Author settlement account (bank transfer);
6.5.2. by transferring through the PayPal payment system or in any other way indicated on the website https://facefitnessaustralia.com/.
6.6. The Author makes no representations, promises or guarantees regarding any payment options suitability for the Student, and the Student hereby disclaims and releases the Author from any claims, from any losses, costs or expenses that the Author may incur in connection with the payment for the Services and /or Products.
6.7. Services and/or Products are paid on a 100% payment basis.
6.8. The Student does not have the right to assign or transfer any of his rights and obligations to pay for the Services without the Author written consent.
6.9. The Author reserves the right to cancel the payment if:
- billing information about the Student is specified incorrectly or cannot be verified;
- the Student's request appears unusual or fraudulent.
6.11. All prices provided for in these Terms are indicated without taxes and other mandatory payments.
7. THE AUTHOR RIGHTS AND OBLIGATIONS.
7.1. The Author has the right to refuse to provide services to the Student if the Customer provides deliberately incorrect (false) information when filling out the application and filling out the Questionnaire.
7.2. The Author has the right to refuse to provide the Student with new services if the Student committed violations during the providing the services period provided for by the Australia current legislation and this contract.
7.3. The Author has the right to immediately terminate the services' provision without payment refund in the aggression event or disrespectful attitude towards the Author on the Student part.
7.4. The Author has the right to postpone the Services provision start date for a period not exceeding one month, having previously notified the Student about this.
7.5 The Author reserves the right to withdraw any course(s) and/or training(s) from availability as well as to cancel any course or training to which the Student has been given access if the Author in its sole discretion determines that the course and/or training is not financially viable, whether or not such course(s) and/or training(s) has commenced. If the Course is cancelled under this clause, the Author shall return to the Student the price paid by the Student for the course (s) and/or training (s) on such cancellation date and without penalties.
7.6. The Author reserves the right to reject an application for the Services (s) and/or the Products receipt, which does not meet the Terms section 4 requirements.
7.7. If at any time the Student violates these Terms, the Author may send a notification to the Student about the rules in these Terms' the Student's violation and demand that such violations be corrected.
7.8. If the Student ignores the request issued under clause 7.7., the Author may, at his option, by further notice to the Student:
7.8.1. suspend any courses and/or training provided to the Student until the Student has eliminated all applicable violations; and/or
7.8.2. close access to any course and/or training that remains uncompleted.
7.9. Despite the provisions of 7.7. and 7.8., the Author may, in cases where he determines that:
7.9.1. The student provided any false or misleading information to the Author as part of filling out the questionnaire and completing the application;
7.9.2. The student is not older than 18 years old;
7.9.3. The Student behaves towards other Student or the Author not under the Terms and Conditions set out in section 14, the Author has the right to:
- suspend any services provided to the Student, including any access to the closed Instagram group materials and/or to the Author's YouTube channel; and/or
- close access to any course and/or training that remains unattended and terminate the contract.
7.11. The author has the right to publish on his resources the Student's reviews, only in agreement with them, confirmed by exchanging text messages by e-mail.
8. THE STUDENT RIGHTS AND OBLIGATIONS.
8.1. The Student undertakes to provide accurate information when registering for the course (s) and/or training (s).
8.2. The Student is obliged to strictly follow the instructions, as well as follows all the recommendations for performing the Author's exercises during the course (s) and/or training (s).
8.3. The Student has the right to demand from the Author to provide information on issues related to the organization and ensuring the services proper provision.
8.4. The Student is obliged to pay for the Author Services in the manner, on time and the conditions stipulated by these Terms.
8.5. The Student is obliged to familiarize himself with these Terms.
8.6. The Student is obliged to attend the training (s) and course (s) under the Author schedule.
8.7. The Student is obliged to take the Author property in good care and observe discipline and behaviour generally accepted norms, in particular, show respect for the Author and other Student, not attend course classes and/or training in the alcoholic, drug or toxic intoxication state. If the Student fails to comply with this requirement, the Author has the right to refuse to provide the Services (attend the training), including the Customer bears responsibility under these Terms section 15.
8.8. Notify the Author about good reasons for absence from classes (48 hours before their start), according to the Author schedule, by sending a written notification to the email address facefitnessaustralia@gmail.com. Otherwise, the pass will be considered absenteeism for no good reason, and the Customer loses the right to attend the lesson at another time (by another group) and cannot demand the Service's cost a refund for the absence hours.
8.9. The student has the right to leave feedback about the Author and the services rendered by him by sending feedback to the Author by e-mail or by leaving his feedback through the feedback form on the Author website.
9. RETURN POLICY
9.1. Under the State of Queensland, Australia laws, the Student has the right to cancel or request a refund:
9.1.1. for courses, trainings conducted in the personal communication format with the Author and involving the participation a long period - no later than 3 days before the course and/or training start.
9.1.2. for courses, trainings conducted remotely online and involving the participation a long period - no later than 1 day before the training start.
9.1.3. concerning courses, trainings, provided to the student in the recording - until the Student is provided with a link with access to the Youtube channel or a closed group on the Author Instagram or these recordings are sent to the Student's email address.
In the above cases, the Author refunds 100% of the fee received from the Student minus the commission for the funds' transfer. Otherwise, it is not possible to cancel the booking or request a refund.
9.2. To request a refund or cancellation, it is necessary to contact the Author at facefitnessaustralia@gmail.com from the Student's email address and provide the order number. The email or message text must contain the following information: the name of the Service and/or the product purchased by the Student, the purchase date, the email address and the name associated with such purchase, the reason for such request.
9.3. The Author considers the requirements within 14 days and informs the Student about the decision by e-mail.
9.4. If the Student is eligible for a refund, the Author will refund the funds by transfer via the PayPal payment system or to the Student debit card from which the payment was made.
9.5. If the product has a discount, it is non-refundable, as well as the Student's refusal from the Service (courses/training elements), purchased within the Promotion framework held by the Author is not a basis for refunding the money to the Student.
9.6 Gift vouchers are non-refundable and the fee is non-refundable.
10. INTELLECTUAL PROPERTY
10.1 All content and the website, courses, training and merchandise content, including but not limited to technology, source code, software, scripts, images, graphics and audio are the Author intellectual property. Courses are protected by copyright laws.
10.2. The student agrees that courses, trainings and copyright manuals remain the Author and/or supplier property, as the case may be. The student also agrees that he has no rights to courses, trainings and copyright manuals, except for the right to use them under the licence terms given in section 11.
10.3. The Author owns all rights to all current and future intellectual property, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other current and future intellectual property rights.
10.4. The student is required:
10.4.1. always maintain all intellectual property confidentiality provided to him for use under these Terms and the concluded contract; and
10.4.2. use the intellectual property exclusively for personal purposes and only for the course training.
10.5. The student shouldn't:
10.5.1. claim any ownership or other interest in intellectual property or use, modify or process any intellectual property;
10.5.2. copy or reproduce intellectual property without the Author written consent;
10.5.3. share or provide access to intellectual property to any third party;
10.5.4. do anything that may damage, jeopardize ownership, or jeopardize the Author's reputation.
10.6. The Student acknowledges that intellectual property is the Author's business, an integral part. Failure by the Student to comply with the provisions enshrined in the contract section 10 gives the Author the right to cancel the Student's reservation/or terminate the contract with immediate effect by notifying the Student and demand a fine payment in the amount provided for in cl. 10.7.
10.7. In this section terms violation case (the Terms section 10) regarding the Author intellectual property confidential information and illegal use dissemination, the Student is liable to the Author for damages caused by such violations' fact in a fine form, which the amount is $10,000 for violation in each case.
10.8. The student who has exercised the right provided for in these Terms' clause 9.1., loses the right to use the website for any purpose, including for the services and/or products purchase, as well as for the Student, access to the course and/or training is terminated (access to the closed group on Instagram and/or YouTube -Author's channel). The Student's request for return is considered to revoke the previously given consent to conclude this contract and to terminate all licences granted to use the course and/or training materials provided by the Author.
11. LICENSE TO USE.
11.1. The Author grants the student a fully revocable, non-exclusive, non-transferable, non-sublicensable, limited right and licence:
11.1.1. access, internally use and display the website, courses, trainings, and the author's manual solely for viewing and/or participating in courses, trainings as permitted by these Terms; and
11.1.2. view permitted content from courses, trainings, and other information to the extent established by these Terms.
11.2. The Student must comply with all copyright notices or restrictions contained on the website or in courses, trainings and/or copyright guidelines.
11.3. The fee for providing a licence for course materials, trainings and/or other bonus lessons, including the author's manual (guide, checklists, presentations, etc.) is 50% of the entire course and/or training cost. In this case, it does not matter whether the Student used the intellectual property provided as the training part.
11.4. The Student agrees that at the providing feedback time, the Student provides the Author with his consent to post photos, videos and personal information about himself on the Author's resources, as well as non-exclusive rights to public display, processing, reproduction, communication to the public without restricting the territory and term, without paying any remuneration for the feedback provided by the Student.
12. THE STUDENT BEHAVIOR.
12.1. The Author may publish on his website any conduct code when receiving the Services (face-to-face, online) or other rules regarding the Student behaviour. It is the Student responsibility to familiarize himself with and abide by any such code or rules.
12.2. Without limiting the foregoing, in his relationship with other Student and the Author, the Student must at any time:
12.2.1. do not use profanity, do not use expressions in communication that may offend the Author or other Student representative;
12.2.2. observe discipline and generally accepted behaviour norms, in particular, show respect for the Author and other Student staff, not infringe on their honour and dignity;
12.2.3. not to allow aggressive behaviour during the services' provision, not to interfere with the Author or other Student in the Services provision/receipt, not to allow statements (orally, in writing) that are not related to the course, training, topic, etc.;
12.2.4. not to use the information received from the Author in ways that may or will lead to damage to the Author interests;
12.2.5. not to use the materials provided by the Author to make a profit by replicating and reproducing them repeatedly to third parties (publications in the press and other publications, public speeches, etc.) and in other ways;
12.2.5. do not distribute in any way, incl. to third parties, not to copy, save, post, publish in public, closed, open sources for any circle of persons (including for their use) provided by the Author: information, materials, manuals, recordings, videos, etc. etc. courses, trainings, masterclasses and other services provided by the Author;
12.2.6. not to appear in class with signs/in a state of alcoholic, drug or other intoxication and not to use alcoholic and narcotic substances on the Author territory and/or during the Services provision;
12.2.7. do not use profanity, do not use expressions in communication that may offend the Author or other Student representative;
13. COMPLAINTS AND DISPUTE RESOLUTION.
13.1. The student is encouraged to provide feedback on the course, training, author's manual and his learning experience. Feedback can be used for marketing purposes. If the Student does not want his feedback to be used in this way, he must inform the Author about it.
13.2 Any complaints must be made in writing and submitted to facefitnessaustralia@gmail.com
13.3. Within 10 (ten) days from the complaint receipt date, the Author is obliged to send a response to this complaint.
13.4. If the complaint cannot be resolved or another dispute arises (other than a dispute regarding any amounts payment payable by the Student to the Author under these Terms), then either the Student or the Author must first refer to the dispute resolution procedure set out below, before taking any other action.
13.5. If a response to the complaint is not received by the party that sent the complaint within 30 (thirty) days from the corresponding complaint date, or if the parties do not agree on the claims and/or disagreements that have arisen, then either party may subsequently take such actions in the dispute subject matter respect as it deems appropriate, or refer the dispute to a court in Queensland, Australia.
14. LIABILITY AND ITS LIMITATION.
14.1. The Parties are liable under the State of Queensland, Australia applicable laws.
14.2. Under no circumstances will the Author be liable to the Student for any direct, indirect, special or other indirect damage as the information and use a result provided by the Author as the course and/or training part.
14.3. The student is responsible for the information discrepancy specified by him during the application and registration for the course and/or training, including for the information discrepancy specified by the Student in the questionnaire, and is the adverse consequences entire risk-aware associated with its incorrect indication.
14.4. The website and courses, trainings and author's manual are provided to the Student "as is".
14.5. The Author provides services in good faith but does not give any guarantees or assurances that the courses, trainings will meet the Student requirements.
14.6. The Author is not responsible for the provided service fails to meet the Student's expectations and/or for his subjective assessment. Such a discrepancy with expectations and/or a negative subjective assessment are not grounds for considering the services rendered poorly, or not in the agreed volume.
14.7 The author reserves the right to suspend the website use and/or access to the course(s), training session(s) at any time for technical, organizational, legal or other reasons.
14.8. The author is not responsible for:
for mistakes made by the Student when making payment for the Services and/or Products;
for the correctness or erroneousness of the decisions made by the Student regarding the information received during the course and/or training;
for the inability to service the Student for reasons related to the Internet channel, equipment or software disruption by the Author, as well as the telecommunication, computer, electrical or related systems malfunctions in any case;
if the liability is associated with or resulted from the inaccurate, incorrect, untimely, irrelevant, incomplete or misleading information presented by the Student to the Author. Any third parties related claims and/or inspection bodies are not accepted by the Author and are the Student responsibility;
14.9. The Student is obliged to reimburse the Author for losses associated with these Terms sections 10 and 11 violation in full and is liable under the current legislation on the intellectual property protection.
14.10. The Student aggregate liability under the contract entered into by the parties on these Terms and Conditions basis, for any claim or claim concerning the contract or its performance, is limited to the payment amount paid to the Author by the Student for the Service (s) and/or the Product.
14.11. This section provisions remain in effect after these Terms expiration.
15. FORCE MAJEURE CIRCUMSTANCES.
15.1. If force majeure occurs:
15.1.1. The student is not released from his contractual obligations, except as provided in this section.
15.1.2. The Author may, of his choice:
- suspend any course and/or training affected by force majeure, for up to 6 months or until the force majeure event weakens (if it happens earlier); or
- if force majeure has not ceased after the suspension any period end, terminate the contract(s) or cancel the booking affected by the force majeure, in which case any payments for services will be credited against the services provided to the Student in the future.
16. GENERAL PROVISIONS.
16.1. If in these Terms, any provision is found to be illegal or unenforceable, the remaining provisions will remain in effect.
16.2. The Author has the right to transfer any or all of his rights under these Terms by notice to the Student. The student does not have the right to transfer his rights or obligations any under these Terms without the Author consent.
16.3. The terms and any contract shall be construed and applied under the State of Queensland, Australia laws, and are subject to the State of Queensland, Australia courts exclusive jurisdiction.
16.4. The Author reserves the right to supplement and make any changes to the Terms at any time. Such amendments will take effect concerning concluded contracts from the notification date to the Student.
16.5. All disputes or disagreements arising between the Author and the Student in connection with the Website use, course materials and/or training and the Author other intellectual property, including concerning these Terms or other documents validity issued by the Author subsequently, will be resolved by negotiations between the parties.
16.6. If it is not possible to resolve the dispute through negotiations, the dispute shall be considered in the State of Queensland, Australia court.
17. PROMOTIONS, DISCOUNTS AND BONUSES.
17.1. The Author has the right from time to time to give a promo code or discount code (together with "Promo code"), which will reduce the price of courses, trainings and/or goods. The promo code must be applied during the application registration and cannot be reapplied.
17.2. If a Promo code is issued to the Student, it is personal and cannot be transferred to another person. If the Author believes that he is being used for other purposes or is being used fraudulently, the Author reserves the right to cancel the Promo Code.
17.3. The promo code cannot be transferred, sold or redeemed for cash or credit, and has no cash value.
17.4. The promo code is valid only for the time specified period in the use terms, or until the Promo code use, when it expires.
17.5. The Author also has the right from time to time to organize stimulating events (actions) aimed at attracting the Student' attention to the Author services and products. The promotion terms and conditions are set by the Author independently and published on the Author website or other resources.
17.6. For Student who have completed the entire course and / or training program and provided photos and videos of their results as confirmation, the Author may provide bonuses in order to stimulate sales and increase loyalty to their services and / or goods.
17.7. The bonus format, conditions and procedure for granting bonuses are established by the Author independently and are published on the Author's resources.