Website Terms & Conditions

Effective date: 1st August 2023

Welcome to mindbodysleep.com.au ("Site"). 

This Site is owned and operated by Mind Body Sleep 98 754 528 128 trading as Mind Body Sleep (referred to in these terms as “Mind Body Sleep”, “we”, “us”, and “our”). Please take the time to read the terms of use that apply to your use and enjoyment of our Site and the content made available to you via our Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”). 

CONSENT TO SITE TERMS

By accessing and using our Site, our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you are taken to accept our Terms. 

NO MINORS

By using the Site or accessing or purchasing any products or services, you warrant that you:

• are over 18 years of age and have the legal capacity to enter into a legally binding contract;
• have read and accepted these Terms; and
• will comply with these Terms.

 

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Terms, you should not use our Site.

Your continued use of our Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before proceeding with any purchase or booking.

 

INTELLECTUAL PROPERTY

Our Site, products and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Terms. 

Limited Licence

Where you download or purchase our Digital Products (including courses, forums, checklists, guides, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.

 

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those websites. It’s up to you to decide if those websites and their content are suitable and appropriate for you.

 

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using our Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

 

CREATING AN ACCOUNT

To place orders and access some features of the Site, you may need to register an account. This means you will have to give us accurate information, including your name, your business name, address, a valid email address and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain solely responsible for the activity that occurs on your account (including orders placed on your account), so keep your account password secure. 
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation. 

 

DIGITAL PRODUCTS

Where you download or purchase our Digital Products, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.

After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.

Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.

 

DIGITAL PRODUCT ACCESS

You may apply to access our Digital Products by completing the application form and paying the Digital Product Fee on our Site. As a condition of purchase and participation in the Digital Product, you agreed to be bound by our policies and procedures as set out in these Terms, including those incorporated by reference. You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Digital Product access if we suspect that such information is inaccurate or incomplete. We also reserve the right to deny your Digital Product application for any reason.

Your access to the Digital Product commences when your application has been accepted by us, or a date specified on our Site, and you pay the price as displayed on our Site and in accordance with these Terms (‘Digital Product Fees’). Your access to the Digital Product continues until terminated under these Terms or the Digital Product is taken down. We will provide you with 30 days’ notice should we plan to take down the Digital Product. In the event we intend to close down the Digital Product, we shall provide you with 30 days notice and the ability to download applicable resources contained being the lifetime access we refer to in our promotional material.

To access the Digital Product, you may be required to create an account. In doing so, you must provide accurate information, including your name, your business name (if applicable), address, a valid email address and contact number. You must also be at least 18 years old. You agree to update this information if and when it changes. You are solely responsible for the activity that occurs on your account, so please keep your account password secure.

 

DIGITAL PRODUCT FEES

Payment Terms for Digital Product Access:

To gain access to the Digital Product, the Digital Product Fees may be paid through either of the following methods:

1. A single, full payment of the Digital product Fees (“Full Payment Option”); or

2. Monthly subscription payments, as specified at the time of enrolment (“Subscription Payment Option”).

Your chosen payment method must be indicated at the time of enrolment and is final. The total Digital Product Fees payable will depend on the selected payment option.

For the Full Payment Option:

You will be required to pay the full amount of the Digital Product Fees as stated on our website at the time of your enrolment.

For the Subscription Payment Option:

An initial payment is required at the time of enrolment, followed by monthly instalments. The number of instalments and the amount of each instalment will be as outlined on our website during your enrolment process. These instalments will be automatically charged each month on the anniversary of your initial payment.

Under the Subscription Payment Option, you are obligated to complete all payments unless a refund is requested in accordance with our Refund Policy detailed below. Payments cannot be cancelled or altered except as per our Refund Policy.

 

Method of Payment

Automatic Charges Authorisation:

By enrolling in the Digital Product, you authorise us to automatically charge the credit card or debit card provided at the time of enrolment for the Digital Product Fees as they become due, in accordance with these Terms.

Subscription Payments:

If you opt for the Subscription Payment Option, you agree to maintain current billing and personal information and promptly notify us of any changes. It is your responsibility to ensure that adequate funds are available for each payment.

 

Payment Processing:

Payments are subject to processing by third-party providers (e.g., Stripe). You are responsible for ensuring payments are made on the due dates, regardless of any adjustments by the payment provider. You must do all things reasonably necessary to ensure sufficient funds are available on the scheduled payment dates.

Failure to Pay:

Where you fail to make payment or payment is declined for any reason, you must provide a new eligible method of payment immediately or we may suspend or revoke your access to the Digital Product. You will be liable for all outstanding payments, including third party payment provider fees, any costs incurred by us trying to recoup the outstanding Digital Product Fees such as debt collection agency costs, including any reasonable legal costs on any Digital Product Fees that remain outstanding. For the period where your access is restricted or revoked, you acknowledge and agree that we will not be liable to you for any refund of the Digital Product Fees due to a failure to pay Digital Product Fee when due or be entitled to any extended period of access to the Digital Product due to such restriction or revocation.  You further acknowledge and agree that your obligations to continue paying the Subscription Fee continues for the remainder of the term of the Digital Product.

Bonuses

At the time of enrolment, we may offer individuals bonuses to sign up for the Digital Product.  You are entitled to any bonuses on offer at the time of your enrolment.  Please note that bonuses are not guaranteed to be available at all times and they may vary subject to any promotions we may have throughout the year.

 

REFUNDS

General Refund Terms:

Due to the digital nature of the Digital Product we offer, the Digital Product Fees are non-refundable except as required by law or otherwise specified in writing. We do not provide refunds simply because your situation has changed or you have changed your mind.

7 Day Money-Back Guarantee

For the sale of certain products, the Company provides a money-back guarantee.  That money-back guarantee is governed by the following terms, except to the extent that the terms of a specific product or service provide otherwise.

With respect to any purchase, you must request your money back within 7 days of the purchase. You may request your money back by emailing [email protected]. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. You are not required to submit any proof that you have completed any work or meet any other requirements.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources. 

If found to be abusing this policy to gain access to multiple products and the requesting a refund and warnings are not adhered to, future refunds will be declined.

Debt Recovery

Where you use our Materials and we do not receive payment, we reserve the right to recover any outstanding tax invoice through a formal debt recovery process. If this becomes necessary, we will seek payment of our outstanding tax invoices, and you will be liable for any reasonable costs incurred in the debt recovery process, including but not limited to, collection agency fees, legal costs, and any interest on the outstanding amount.

Definition of Refund

For the purposes of these Terms of Use, "Refund" means the reversal of a payment in response to a request that a customer files directly with their issuing bank or payment network provider.

Statutory Rights:

Nothing in these Terms is intended to modify or otherwise effect your statutory rights under consumer laws or any other applicable legislation.

If you have any questions or concerns, please do not hesitate to contact us at [email protected]

 

DIGITAL PRODUCT ENTITLEMENTS

Throughout the duration of your Digital product, you will receive various Digital Product Entitlements designed to enhance your learning experience. The specific entitlements available to you are as described in the Digital Product description at the time of your enrolment.

Detailed Information:

For a complete and current list of the Digital Product Entitlements, please refer to the detailed Digital product description on our Site.

Adherence to Advertised Entitlements:

We commit to providing all the entitlements as outlined in the Digital Product description at the time of your enrolment. Any changes or updates to these entitlements will be communicated to you in a timely manner.

Adaptation to Unforeseen Events:

In the event of a Force Majeure, which refers to any unforeseeable and unavoidable events outside of our reasonable control (including but not limited to natural disasters, pandemics, government actions, or other major disruptions), adjustments may be made to the delivery of Digital Product Entitlements.

Modifications in Delivery:

Should a Force Majeure event occur, we will endeavour to ensure that Digital Product Entitlements are either delivered in an alternative format permissible under the circumstances or rescheduled to a later date. Our priority is to maintain the continuity and quality of your learning experience while adapting to the constraints imposed by such events.

No Entitlement to Compensation:

You acknowledge and agree that in the case of any delays or modifications to Digital Product Entitlements due to a Force Majeure event, you will not be entitled to any form of compensation. Our focus will be on providing viable alternatives to ensure the continuation of the Digital Product under the changed circumstances.

Guest Content

From time to time, we may also provide you with additional benefits, such as guest lectures, masterclasses, products, programs, workshops or other courses, which may be provided by third parties. These are provided to enhance your learning experience.

Disclaimer

Please note that while we strive to offer valuable content, we do not guarantee the accuracy, quality or suitability of these third party offerings for your specific needs.  The availability of these offerings may vary, and we are not responsible for any changes or discontinuance.

Intellectual Property Rights - Content Contribution:

Any individual who agrees to be interviewed as a guest or contributes content in any way, and who is a participant of the Digital Product, transfers all intellectual property rights of such contributions to us. In cases where direct assignment of rights is not possible, you will grant us a non-revocable, perpetual license to use this content.

Group Sessions

Participation Requirements

During selected Digital Product, you may also be invited to participate in an online group. In order to be admitted and retain access to the group, you will be required to comply with its rules, including the rules provided by the hosting platform.

Consequence of Rule Breach

If you breach the rules of the online group, your access to the group will be revoked and, depending on the severity of the breach, your access to the Digital Product itself may be at risk.

Access

As part of selected Digital Product entitlements, we shall provide you with access to a closed community (“Community”).  This Community will remain accessible for the duration of your active subscription. 

Expectation and Rules

We encourage all participants to be active within the Community and to support and encourage each other.  We require participants to comply with our Community rules at all times and any additional directives as announced within the Community. 

Breach of Group Rules

If you breach the rules of the Community, your access to the Community will be revoked and, depending on the severity of the breach, your access your Digital Product may also be revoked.

Right to Cease Operation

We reserve the right to cease operating any associated online group with seven (7) business days’ notice to you.

 

COMPLAINTS

Commitment to Resolution

We value your feedback and are committed to ensuring your satisfaction with the Digital Product. If you encounter any issues or are dissatisfied, we encourage you to let us know.

How to lodge a Complaint

Should you have any concerns or be dissatisfied in any way, please contact us via [email protected] and include:

1. your name;
2. the email address you used to apply for the Digital Product;
3. details of your concern or complaint;
4. details of what you would like us to do to resolve the matter; and
5. copies of any relevant correspondence.

Acknowledgement and Resolution

We will acknowledge your complaint within three (3) business days and aim to resolve it within fourteen (14) business days. If a complaint requires more time to resolve, we will inform you and provide regular updates.

Respectful Communication

We ask that all parties engage in respectful and constructive communication throughout the complaint process.  This includes refraining from public or private statements that are negative or derogatory towards any involved party. This includes (but is not limited to) communications with third parties or posting on social media or other public forums.

Mediation

Where a dispute cannot be resolved, both parties agree to participate in mediation.  The mediation will be conducted in accordance with the principles of mediation recognised in the location where we, the digital Product provider, are based.

Legal Proceedings

If mediation does not resolve the dispute, either party may initiate legal proceedings. The jurisdiction for these proceedings will align with the legal standards applicable in the digital product provider's location.

Costs of Mediation and Legal Proceedings:

Mediation Costs: Each party is responsible for their own costs associated with mediation, and any shared costs will be divided equally, unless an alternative agreement is reached.

Legal Costs: In the event of legal proceedings, the prevailing party may be entitled to recover their reasonable legal costs and attorney fees from the non-prevailing party, as determined by the court or as mutually agreed upon.

 

INTELLECTUAL PROPERTY RIGHTS

Ownership of Intellectual Property

As part of the Digital Product, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, webinars, digital products and other content (‘Materials’). We retain ownership of all Intellectual Property Rights (including copyright) in the Digital Product and the Materials.

Scope and restrictions on use of Intellectual Property

To the extent required for participation in the Digital Product and in consideration for the payment of the Digital Product Fees, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials for your own personal use and non-commercial use, and you agree not to:

1. modify the Materials;
2. copy or share the Materials or in any way cause or allow them to be copied or shared;
3. assign or transfer your membership of the Digital product to any other person without our express written consent; or
4. sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by, third parties.

You must not under any circumstances remove any copyright notice, trade mark or author mark from any part of the Materials.

Consequences of Infringement

If you infringe our Intellectual Property Rights, we reserve the right to immediately terminate your access to the Digital Product and the Materials without refund and pursue legal remedies including an accounting of profits should you use our Digital Product and Materials for commercial purposes.  You will be liable for all costs (including reasonable legal costs) incurred due to your breach of these Terms.

Your Intellectual Property

For any intellectual property that you provide us with through your participation in the Digital Product (‘Participant Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Participant Content (including distribution for promotional purposes). By participating in the Digital Product, you grant us a non-exclusive, irrevocable, royalty-free, perpetual licence to use and reproduce your Participant Content at our discretion.

 

DIGITAL PRODUCT PROMOTION

Where you have provided testimonials (in any format), you acknowledge and consent that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.

You acknowledge that part of your Digital Product may include images, copy, text and recordings (in audio and/or video format) of your participation in the Digital Product, where you may feature prominently. These recordings are both for the purposes of providing the Digital Product and for us to use in our promotional material to market the Digital Product. You irrevocably consent to our use of these recordings without restriction, including but not limited to our ability to modify, publish, reproduce or distribute them at our discretion.

 

USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS

We always appreciate interaction on our social media channels and feedback about our Digital Product, as it helps us to improve our Site and our Digital Product. Through this Site or the Digital Product, you may be invited to submit a review or interact with us via our social media channels. We love to hear from you!

When you do decide to submit such feedback or comments, you give us permission to post or otherwise use that feedback on our social media or other channels. If you don’t want us to do that, you can email us and tell us at any time.

We reserve the right to remove a review or comment if such review or comment

• contains libelous or otherwise unlawful, abusive or obscene material;
• attacks our employees or another contributor;
• contains material that discloses your personal information; or
• is unrelated to the post or content to which you have reviewed or commented on. Again. Just be a good person.

Our Site and Digital Product may feature user reviews and comments, these reviews and comments in no way represent our views or opinions or those of the owners, shareholders, employees or others, but are the sole product of its creator. We disclaim all liability with respect to any content submitted by the user.

On our Site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our Digital Product for illustration purposes only. Any results presented demonstrate to users what can be possible but are not intended to represent or guarantee that any current or future users of our Digital Product will achieve the same or similar results.

 

TERMINATION

We reserve the right to terminate your access to the Digital Product with immediate effect for any of the following reasons:

1. Non-payment of Digital Product Fees when due;
2. Infringement of our Intellectual Property Rights;
3. conduct that is demonstrably injurious or potentially harmful to our reputation;
4. Unauthorised disclosure of Confidential Information;
5. Breaches of these Terms or failure to fulfil any undertakings, warranties or obligations under these Terms.

Notice and Remedy

For breaches deemed rectifiable, we will provide you with notice and a reasonable opportunity to remedy the issue before termination.

Appeal Process:

You may appeal a termination decision by contacting us within seven (7) days of receiving our notice of termination, upon receipt, we will review the decision

 

CONFIDENTIALITY

You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. You also agree to respect the privacy and confidential information of other Digital Product participants unless you receive express written consent from such other participant. We will not disclose any information you provide except as set out in these Terms.

However, these obligations of confidentiality do not apply to any disclosure that:

1. is for the purpose of performing the Terms or exercising a party’s right under the Terms;
2. is required by applicable law; or
3. relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel or was rightfully received from a third party without restriction or breach of any obligation of confidence.

 

PROHIBITED USE

In addition to any other prohibitions, you must not under any circumstances access or otherwise use the Digital Product or its content:

1. for any unlawful purpose;
2. if you or your business in any way competes with our business;
3. to solicit others to perform or participate in any unlawful acts;
4. to violate any international, federal, or state regulations, rules, laws, or local ordinances;
5. to attempt to change, remove, or otherwise interfere with the Digital Product or any of its Materials;
6. to infringe upon any other person's proprietary rights; or
7. to send any unsolicited advertising or promotional material, commonly referred to as 'spam'.

 

WARRANTIES AND INDEMNITIES (DIGITAL PRODUCT)

Digital Product Provision

We provide the Digital Product and its content on an ‘as is’ basis.  While we strive for accuracy and relevance, we cannot guarantee any specific results from your participation. Your experience and outcomes will be dependent on your own commitment, motivation and application of the Digital Product material. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.

Limitation of Liability

• You acknowledge that participation is at your own risk and except as expressly permitted by law, we cannot be held liable for:
  1. any loss or damage that you may suffer as a result of your participation (including where you disclose confidential information during any group participation);
  2. your inability to participate in the Digital Product for any reason;
  3. your failure to maintain the security of your login details that enable you to access the Digital Product;
  4. the statements or conduct of any third party; or
  5. your reliance on the suggestions or recommendations of any third party or Digital Product participant.
• To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our Digital Product, your inability to access our Site and/or Digital Product materials, interruption or outage of our Site and/or Digital Product or the fact that content on our Site or in our Digital Product is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for under applicable consumer laws.

Indemnification

You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Terms.

 

WARRANTIES AND DISCLAIMERS FOR SITE

This Site, and the content on this Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations, guarantees or warranties of any kind about our Site and/or purchasing the Digital Product including that:

• they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
• access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
• there is no possibility of failure to store communications or other data.

 

INFORMATION AND ADVICE (DISCLAIMER)

General Nature of Content

Any content or information provided in the Digital Product is of a general nature only and does not constitute professional advice. We do not claim to be licensed professionals in fields such as medical or health advisory or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Digital Product.  Therefore, reliance on the information provided is at your own risk. You are responsible for determining whether the Digital Product is right for you.

Professional Advice

No part of the Digital Product is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional.

No Guarantee of Results

The nature of the Digital Product means that we are unable to guarantee particular results, and any examples of achieved by other digital Product participants is for illustrative purposes only. Any results achieved through your participation in the Digital Product will vary depending on a range of factors beyond our control.

Right to Terminate Access

We reserve the right to terminate or suspend your access to the Digital Product at any time should we believe that it is not appropriate for you, or if it becomes apparent that you should seek professional advice specific to your situation.

Third Party References

Any reference to other products or services, programs, courses, digital products, processes or other information appearing within the Digital Product does not constitute or imply our endorsement, sponsorship or recommendation in any way.

 

COMPETITORS ARE EXCLUDED

You are not allowed under any circumstances to use or access any documents or content on our Site in any way that competes with our business. We reserve the right to exclude and not permit any person using this Site or accessing the Digital product in our sole discretion.

 

PRIVACY POLICY

When you apply to take part in the Digital Product, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about your health or finances).

Your privacy is extremely important to us. We will only use your personal information in order to provide you with the Digital Product Entitlements and to communicate with you about the Digital Product. Where you wish to withdraw your consent from email communications, you may simply unsubscribe. Your information will be dealt with in accordance with our Privacy Policy.

 

ELECTRONIC SIGNATURE

These Terms will become binding when you agree to these Terms, including by clicking 'I consent' or 'I agree' or similar, or by purchasing and/or commencing the Digital Product.

 

VALIDITY

Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

 

ASSIGNMENT

You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without your consent.

 

ENTIRE AGREEMENT

These Terms constitute our entire agreement with you about the Digital Product and supersede all previous agreements, understandings and negotiations.

 

GOVERNING LAW AND JURISDICTION

The performance and enforcement of these Terms will accord with the laws in force where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.