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Terms and Conditions

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The Human Element
Website Terms and Conditions of Use

  • About the Website
      1. Welcome to www.thehumanelement.com.au (Website). The Website is operated by Clare Puki t/a The Human Element (ABN: 94 143 559 489) (The Human Element). 
      2. The Website provides you with an opportunity to browse and/or purchase Eproducts (Eproducts) and services (Services) that have been listed for sale through the Website. The Website additionally offers you the opportunity to browse The Human Element’s services and to schedule a time to discuss these services with The Human Element. The Website provides these opportunities to you by granting you access to the content on the Website (Purchase Services).  
      3. Access to and use of the Website, or any of its associated Eproducts or Services, is provided by The Human Element. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, you acknowledge that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
      4. The Human Element reserves the right to review and change any of the Terms by updating this page at its sole discretion. 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.
  • Acceptance of the Terms
  • You accept the Terms by continuing to use the Website. For any paid Services or Eproducts, additional acceptance will be required at the time of purchase.
  • Registration to use the Purchase Services
    1. In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
  1. E-mail Address
  2. Password
  3. ABN
  4. Address
  1. You warrant that any information you give to The Human Element in the course of completing the registration process will always be accurate, correct and up to date.
  2. 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. You may not use the Purchase Services and may not accept the Terms if you are under 18 years of age or are otherwise not of legal age to form a binding contract with The Human Element in your jurisdiction. 
  • Your obligations as a Member of the Website
    1. As a Member of the Website, you agree to comply with the following:
    2. You will use the Purchase Services only for purposes that are permitted by:
  1. the Terms;
  2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
  4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Human Element of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  5. 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 The Human Element providing the Purchase Services;
  6. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.
  • Purchase of Services and Returns Policy
      1. In using the Purchase Services to purchase the Services or Eproducts through the Website, you will agree to the payment of the purchase price listed on the Website (Purchase Price). 
      2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
      3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
      4. You acknowledge and agree that where a request for the payment of the Purchase Price 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 Purchase Price.
      5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable. 
  • Delivery – Eproducts
      1. Eproducts, including any Quizz made available from time to time, are delivered as downloadable links sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact clare@thehumanelement.com.au. 
      2. The Human Element will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproducts.
  • Refunds and Returns
      1. The Human Element does not provide refunds for Eproducts except where required by applicable consumer protection laws, including the Australian Consumer Law. Please keep this in mind when making a purchase.
  • Warranty 
      1. The Human Element will use its best efforts and take all reasonable steps to help you achieve the desired results. However, The Human Element makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
      2. The Services comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your contract with The Human Element and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
  • Disclaimer
      1. You are solely responsible for creating and implementing Your own business, financial, marketing, mental decisions, choices, actions and results arising out of or resulting from the Services and/or Eproducts. As such, You agree that The Human Element is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Services or Eproducts provided by The Human Element.
      2. You understand that the Services and Eproducts, and any information You receive through Your involvement in the Services, or through any materials and documents provided to You are not a substitute for psychological, legal, business or financial advice. The Human Element recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Services and/or Eproducts. The Human Element will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You. 
  • Information Disclaimer
      1. Any information, advice, content or documentation provided on the Website, through the Services, Eproducts, blogs, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
      2. All care is taken in the preparation of the information and published materials on the Website, through the Services, Eproducts, blogs, social media accounts, podcast, or on any other related platform. The Human Element does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 
      3. To the extent permissible by law, The Human Element will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, Eproducts, blogs, social media accounts or on any other related platform.
  • Copyright and Intellectual Property
    1. The Website, the Services and Eproducts of The Human Element are subject to 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 Services, Eproducts 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 The Human Element or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by The Human Element, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
  1. use the Website pursuant to the Terms;
  2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
  3. print pages from the Website for your own personal and non-commercial use.
  1. The Human Element does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by The Human Element.
  2. The Human Element retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
  1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  3. 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.
  1. You may not, without the prior written permission of The Human Element 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 Website, Services, Eproducts 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.
  • Privacy

The Human Element takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to The Human Element’s Privacy Policy, which is available on the Website.

  • General Disclaimer
    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.
    2. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. The Human Element will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website, Services or these Terms (including as a result of not being able to use the Website or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  1. Use of the Website, the Services and Eproducts is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of The Human Element make any express or implied representation or warranty about the Website or the Services 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:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website, the Services or any of the products of The Human Element; and
  4. the Services or operation in respect to links which are provided for your convenience.
  • Third Party Services

The Website may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). While The Human Element does not control any Third-Party Services and makes no representations regarding such services, we take reasonable steps to only integrate reputable third-party services. The Human Element accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, except where such liability cannot be excluded by law, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and The Human Element will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.

  • Limitation of liability
    1. The Human Element’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you or the amount paid by you for the Services, whichever is greater, except where such limitation is prohibited by law.
    2. You expressly understand and agree that The Human Element, its affiliates, employees, agents, contributors and licensors will 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 will 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.
  2. Mailing List Registration 
    1. You may be given the option to register for The Human Element Mailing List (Mailing List). As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including email address and name.
    2. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from The Human Element.
  3. Indemnity
    1. You agree to indemnify The Human Element, its affiliates, employees, agents, contributors, third party content providers and licensors from and against the following:
  1. 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;
  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  3. any breach of the Terms.
  1. Venue and Jurisdiction

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 will be in the courts of Victoria, Australia.

  1. Governing Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without giving effect to any choice of law or conflict of law provisions. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms will be determined under the laws of Victoria, Australia. 

  1. Independent Legal Advice

Each party: (a) acknowledges that the provisions of these Terms are fair and reasonable; (b) confirms they have had the opportunity to obtain independent legal advice before entering into these Terms; and (c) enters into these Terms freely and voluntarily.

  1. Severance

If any provision of these Terms is found to be void, invalid, unlawful or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect to the maximum extent permitted by law. The parties will negotiate in good faith to replace any such void or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the intended commercial purpose of the void or unenforceable provision.

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