Terms

Website Terms and Conditions of Use

1. About this website

1.1 Welcome to www.plinkit.com.au (the ‘Website’). The Website is operated by Melinda Mifsud and Plinkit (jointly and severally ‘we/us/our’). These terms and conditions (the ‘Terms’) apply to the use of this Website. In using this Website, you agree to be bound by these Terms. If you do not accept these Terms, you must refrain from using the Website. Please review our Privacy Policy which also governs your use of the Website and are part of these Terms. By using the Website, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.

1.2. The Website Products & Services: – The Website provides products, services, blogs, video blogs/training/demonstrations, guided meditations (the ‘Products and Services’) in relation to website creation and development. The Website may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. Your link to any such website is entirely at your own risk.

1.3. All information, Products and Services are for guidance and information purposes only and must not be considered or relied on as medical/professional advice. If you have any health conditions, concerns or mental health issues, please consult a professional/medical practitioner. We exclude all liability for negligence, injuries or any issues as a result of following advice or guidance given or accessible through this Website.

1.4. We reserve the right to review and change any of the Terms by updating this page in our sole discretion. We will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

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

3. Registration to use the Services

3.1 In order to access any of our Products and Services, you must first register for an account through the Website (the ‘Account’).

3.2 As part of the registration process, or as part of your continued use of the Website including for the supply of Products and Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • an email address
  • preferred username
  • a mailing address
  • a telephone number
  • skype name.
  • financial details in relation to using a third party payment gateway provider.

3.3 You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.

3.4 Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.

3.5 You may not use or purchase the Products and Services or accept the Terms if:

  • you are not of legal age to form a binding contract with us; or
  • you are a person barred from receiving the Products and Services under the laws of Australia or other countries including the country in which you are resident or from which you access or use the Products and Services.

4. Your obligations as a Member

4.1 As a Member, you agree to comply with the following:

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

5. Payment

5.1 Where the option is given to you, you may make payment for the Products and Services (the ‘Products Fee’ or ‘Services Fee’) by way of:

  • Credit Card Payment (‘Credit Card’)
  • PayPal Australia Pty Limited (ABN 93 111 195 389) (‘PayPal’)
  • American Express, MasterCard.
  • Direct Deposit

5.2 Any payments through PayPal in the course of your use of or access to the Products and Services are made using PayPal Australia Pty Limited (ABN 93 111 195 389) (‘PayPal’). In using the Website, the Products and Services or when making any payment in relation to your use or access to the Products and Services, you warrant that you have read, understood and agree to be bound by the Paypal terms and conditions which are available on their website.

5.3 You acknowledge and agree that where a request for the payment of the Products Fee or Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Products Fee or Services Fee.

5.4 You agree and acknowledge that we can vary the Products Fee or Services Fee at any time prior to your purchase of any Products and Services.

6. Refund Policy

6.1. We will only provide you with a refund of the Products Fee or Services Fee if we make a decision, in our absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).

6.2. Your purchase of Products and Services cannot be cancelled or refunds made after payment is processed or if you have buyer’s remorse. You will only be entitled to a refund for faulty merchandise if required by law.

6.3. For faulty merchandise, you must contact us within 7 calendar days of delivery to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the merchandise.

6.4. You are responsible for returning any faulty merchandise to us within 14 calendar days of the date of delivery. Any returns must be with a receipt and a reason for the return so that we can identify the transaction and assess the legitimacy of the fault.

6.5. You agree that any postage and shipping costs for returning faulty merchandise will be at your expense. You are liable for any postage and shipping costs associated with any refund pursuant to this clause unless you are legally entitled to claim reasonable postage or transportation costs.

7. Copyright and Intellectual Property

7.1 The Website, the Products and Services and all of our related products are subject to and protected by copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Products and Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by us or our contributors.

7.2 All trademarks, service marks and trade names are owned, registered and/or licensed by us.

7.3 We retain all rights, title and interest in and to the Website and all related Products and Services. Nothing you do on or in relation to the Website will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

7.4 You may not, without our prior written permission and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Products and Services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

8. Privacy

8.1 We take your privacy seriously and any information provided through your use of the Website and/or Products and Services is subject to our Privacy Policy, which is available on the Website.

9. General Disclaimer

9.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.2 Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • we will not be liable for any special, indirect or consequential loss or damage loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products and Services or these Terms (including as a result of not being able to use the Products and Services or the late supply of the Products and Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3 Use of the Website and the Products and Services is at your own risk. Everything on the Website and the Products and Services are provided to you “as is” and “as available” without warranty or condition of any kind including as to fitness for a purpose. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Products and Services or any products or services (including the products or services of Melinda Mifsud and Plinkit) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to your personal account or records;
  • the accuracy, suitability or currency of any information on the Website, the Products and Services, or any of its Services related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Services or any of the products of Melinda Mifsud and Plinkit; and
  • the Products and Services or operation in respect to links which are provided for your convenience only.

10. Limitation of liability

10.1. To the fullest extent permissible at law, Melinda Mifsud and Plinkit exclude all liability to you arising out of or in connection with the supply of Products and Services. Our total liability arising out of or in connection with the purchase of Goods and Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent purchase price paid by you under these Terms or where you have not paid the purchase price, then our total liability is the resupply of information or Products and Services to you.

10.2. You expressly understand and agree that Melinda Mifsud and Plinkit, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11. Termination of Contract

11.1 The Terms will continue to apply until terminated by either you or by us as set out below.

11.2 If you want to terminate the Terms, you may do so by:

  • providing us with 30 days’ notice of your intention to terminate; and
  • closing your accounts for all of the services which you use, where we have made this option available to you.

11.3 Your notice should be sent, in writing, to Melinda Mifsud of Plinkit via the ‘Contact Us’ link on our homepage.

11.4 We may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • Melinda Mifsud of Plinkit is required to do so by law;
  • the provision of the Services to you by Melinda Mifsud of Plinkit is, in the opinion of Melinda Mifsud of Plinkit, no longer commercially viable.

11.5 Subject to local applicable laws, we reserve the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Products and Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Melinda Mifsud or Plinkit’s name or reputation or violates the rights of those of another party.

12. Indemnity

12.1 You agree to indemnify Melinda Mifsud and Plinkit, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content or any part of it;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.

13. Dispute Resolution

12.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

12.2 Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

12.3 Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

  • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by a person appointed by the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Queensland, Australia.

12.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

12.5 Termination of Mediation:

If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

12.6 Venue and Jurisdiction

The Services offered by Melinda Mifsud of Plinkit is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

12.7 Governing Law

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

12.8 Independent Legal Advice

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

12.9 Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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