This agreement applies as between you, the User of this Website, and Michelle Robinson, trading as Michelle Robinson Expanded Awareness Academy (“Michelle Robinson Expanded Awareness Academy”, "Michelle Robinson Academy", “the Academy”, “we”, “us” or “our”). the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Michelle Robinson Academy makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Michelle Robinson Academy proprietary e-learning platform;
."Payment Information": means any information required to process payment for the Services purchased through this Website, including payment card or other payment details.
"Premises": Means Our place(s) of business.
"System": means any online communications infrastructure that Michelle Robinson Academy makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Michelle Robinson Academy Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (academy.michellerobinsonmedium.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Michelle Robinson, trading as Michelle Robinson Expanded Awareness Academy, a sole trader business operating in Australia.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
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4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Michelle Robinson, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Australia and International intellectual property and other laws.
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4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
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5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
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5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Michelle Robinson Academy or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site academy.michellerobinsonmedium.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at support@michellerobinsonmedium.com.
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9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
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9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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9.1.6 You must not impersonate other people, particularly employees and representatives of Michelle Robinson Academy or Our affiliates; and
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9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
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9.2 You acknowledge that Michelle Robinson Academy reserves the right to monitor any and all communications made to Us or using Our System.
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9.3 You acknowledge that Michelle Robinson Academy may retain copies of any and all communications made to Us or using Our System.
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9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
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10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where permission may be required; and
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10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
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10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
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11.1 Either Michelle Robinson Academy or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
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11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
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12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Michelle Robinson Academy correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
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12.2 Where appropriate, you may be required to select the required Plan of Services.
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12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
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12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
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12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 13.1 The information displayed on this Website, including descriptions and prices of Products and Services, constitutes an invitation to purchase and does not itself constitute a contractual offer. When you place an Order through the Website, you are making an offer to purchase the relevant Product or Service in accordance with these Terms and Conditions.
- 13.2 Your Order will be accepted when we send you an Order confirmation by email, or otherwise confirm acceptance of your Order. At that point, a binding contract is formed between you and Michelle Robinson, trading as Michelle Robinson Expanded Awareness Academy.
- 13.3 Your Order confirmation will include, where applicable:13.3.1 details of the Product or Service you have purchased and its main characteristics;13.3.2 the price payable, including any applicable taxes and additional charges;13.3.3 any relevant dates or timeframes for the provision of the Product or Service;13.3.4 details of how you can access any digital Products or Services, including any login or access information required.
- 13.4 If we are unable to accept your Order, we will inform you as soon as reasonably practicable. Where payment has already been taken, we will refund the amount paid in relation to that Order.
- 13.5 Payment will be taken using the payment method selected at checkout, in accordance with the payment terms displayed when you place your Order and any applicable Specific Terms.For one-off purchases, payment is generally taken in full at the time of purchase.
Where a Product or Service is offered on a subscription or payment-plan basis, the applicable payment schedule, renewal terms and cancellation provisions will be provided at the time of purchase. - 13.6 Digital Products and Services, including online courses, videos, audio recordings, workbooks and other digital course materials, may be made available to you immediately following successful payment and completion of the applicable checkout process.
Where immediate access is provided to digital content during an applicable statutory cooling-off or withdrawal period, you may be asked to expressly consent to immediate access and acknowledge the effect this may have on your statutory right of withdrawal, as described in Clause 14.
- 13.7 Where a Product or Service is to be provided at a particular date or within a stated timeframe, the applicable date or timeframe will be stated on the relevant sales page, Order confirmation or Specific Terms.
Where no timeframe has been stated, we will provide the Service within a reasonable period having regard to its nature.
- 13.8 We will provide our Services with reasonable care and skill and in accordance with applicable consumer guarantees and other mandatory legal requirements.
- 13.9 If the Product or Service you receive does not correspond with what you ordered, or there is an error with your access or the digital materials supplied, please contact us at support@michellerobinsonmedium.com as soon as reasonably practicable so that we can investigate and, where appropriate, correct the issue.
Nothing in this Clause limits or excludes any consumer rights or remedies available to you under applicable law. Australian Consumer Law consumer guarantees apply to relevant purchases and cannot be excluded by these Terms and Conditions.
- 13.10 Additional terms may apply to particular Products or Services. Where this is the case, you will be given the opportunity to review those Specific Terms before completing your Order. Any Specific Terms will form part of the contract between you and us to the extent permitted by law.
- 13.11 We provide customer and technical support by email at support@michellerobinsonmedium.com. We will make reasonable efforts to respond to enquiries within a reasonable period, but we do not guarantee a particular response time unless a specific response time has been stated for the relevant Service.
- 13.12 We may occasionally be unable to provide immediate access to a digital Product or Service because of technical issues, maintenance, circumstances outside our reasonable control or other exceptional circumstances. Where this occurs, we will take reasonable steps to restore access or otherwise provide the relevant Product or Service as soon as reasonably practicable.
We want you to be satisfied with the Products and Services you purchase from Michelle Robinson, trading as Michelle Robinson Expanded Awareness Academy.
If you have any questions about your Order, or need to contact us about a purchase, please email support@michellerobinsonmedium.com.
Once an Order has been accepted, you may request cancellation in accordance with these Terms and Conditions and any Specific Terms that apply to the Product or Service you have purchased.
For digital Products and Services, including online courses, memberships, videos, audio recordings, workbooks and other digital content, access may be provided immediately following purchase. Where you have expressly consented to immediate access to digital content and acknowledged that you will lose any applicable statutory right of withdrawal once access begins, you may not subsequently cancel the purchase under that statutory withdrawal right.
Our refund and cancellation policy does not affect any mandatory consumer rights that apply to you under applicable law. Where a Product or Service does not comply with applicable consumer guarantees or other mandatory consumer protection requirements, you may have rights to a repair, replacement, refund or other remedy as provided by law.
If any Specific Terms accompanying a particular Product or Service contain additional cancellation or refund provisions, those Specific Terms will apply to that Product or Service to the extent permitted by law.
- 14.1 EU Consumer Cooling-Off Period If you are a consumer based within the European Union, you may have a statutory right to withdraw from your purchase within 14 calendar days after the contract between you and Michelle Robinson, trading as Michelle Robinson Expanded Awareness Academy, is formed.
Where the Services consist of digital content supplied online, including access to online courses, videos, audio recordings, workbooks or other digital course materials, your right to withdraw may end once you have been given access to the digital content, provided that you have expressly requested or consented to immediate access and acknowledged that you will lose your right of withdrawal once the digital content is supplied.
The requirements relating to immediate access, consent and acknowledgement are set out in sub-Clause 14.2.
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14.2 Where the Services include digital content that is supplied immediately following purchase, you will be asked to expressly consent to the supply of that digital content before the end of the 14 calendar day cooling-off period and acknowledge that your right of withdrawal will end once access to the digital content begins.
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14.2.1 By giving this consent and acknowledgement, you agree that once access to the digital course or other digital content has begun, you will no longer have a right to withdraw from the purchase under the EU cooling-off provisions applicable to digital content.
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14.2.2 If you do not provide the required express consent and acknowledgement, your statutory withdrawal rights will continue to apply in accordance with applicable law.
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14.3 Nothing in these Terms affects any mandatory consumer rights you may have under applicable law, including rights relating to digital content or services that are faulty, do not conform to the contract, or otherwise fail to meet applicable legal requirements.
Use of the Website is also governed by Our Privacy Policy (academy.michellerobinsonmedium.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
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16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
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16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
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16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
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16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
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17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
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17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
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17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
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17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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19.1 The Website is provided “as is” and on an “as available” basis. The Academy uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
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20.2 Nothing in these Terms and Conditions excludes or restricts Michelle Robinson Academy liability for death or personal injury resulting from any negligence or fraud on the part of Michelle Robinson Academy.
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20.3 Nothing in these Terms and Conditions excludes or restricts Michelle Robinson Academy's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
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20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Michelle Robinson Academy.
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24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to support@michellerobinsonmedium.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
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24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
These Terms and Conditions and the relationship between you and Michelle Robinson, trading as Michelle Robinson Expanded Awareness Academy, are governed by and construed in accordance with the laws of Queensland, Australia, and the applicable laws of Australia. You and Michelle Robinson agree to submit to the jurisdiction of the courts of Queensland, Australia, and any courts competent to hear appeals from those courts.
Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies available to consumers under applicable consumer protection laws, including the Australian Consumer Law.
