Terms of Use

Interface Terms

Purpose This document sets out the rules for the use of a website or mobile device application.

Party 1 Name Provider. Provider means Client Kiosk Pty Ltd

Party 2 Name User. User means You, the person using the Interface

Jurisdiction Australia

1. Introduction to terms

The Interface is owned and operated by Provider. The Interface is an application designed for providing business support services and information.
This document will form an agreement between You and Provider when You check the tick box that states: “I have read and agree to these terms and conditions”.
By checking the tick box, You warrant in your personal capacity that You currently have the authority to create a contractually binding relationship between User and Us for the duration of the Terms.
User agrees not to use the Interface if User does not agree to any part of the Terms.

2. Conditions of Use

Provider grants User a limited and revocable license to view and use the Interface, and to register an Account, in accordance with the Terms if User:

complies with the Terms;
is over the age of 18 years or if under the age of 18 years uses the Interface with the supervision of a parent, legal guardian, or qualified teacher;
is capable of forming binding contracts;
is not breaking any law by accessing and using the Interface (by reference to laws in User’s jurisdiction and Provider’s);
uses the Interface only in the way that it is designed to be used; and
does not engage in any improper, indecent, bullying, harassing or offensive conduct while using the Interface (as determined by Provider at its sole and absolute discretion).
does not use the Interface to promote any illegal activity;

At its discretion, Provider may immediately revoke the licence to use the Interface if User breaches any of the conditions above.

3. Accounts

In order to access certain parts and functionality of the Interface, User must register an Account.
When User registers an Account, User undertakes to:
provide information during the registration process that is accurate and complete in all respects; and
represent him or herself only, and not impersonate any other person while using the Interface.
Users are solely responsible for:
the use of their Account, regardless of who is using it, even if it is used without their permission; and
keeping their username and password secure.

4. Account password retrieval

Provider is permitted to send password reset emails to User.

5. Provider’s relationship to transactions between users

Provider is not responsible for interactions that occur between users on the Interface. Provider does not make any warranties in relation to information provided by users, or transactions entered into between users, of the Interface.
User agrees and acknowledges that Provider’s provision of the Interface does not constitute any form of advice by Provider, including medical advice.
User is responsible for ensuring that any services User provides on the Interface are of the standard expected by other users to whom User provides the services.
Provider is responsible for certain user conduct and transactions.
Provider has no responsibility for transactions or interactions that occur between users on the Interface, other than interactions that occur as part of the support programs offered through the Interface.
Otherwise
Provider does not make any warranties in relation to any services rendered or information provided by users, or transactions entered into between users, of the Interface; and
User is responsible for ensuring that any services User provides on the Interface are of the standard expected by other users to whom User provides the services.
User agrees and acknowledges that Provider’s provision of the Interface does not constitute advice by Provider.

6. Products

Provider may sell Products to User from the Interface.
Representations of Products for sale on the Interface do not constitute an offer to sell but an invitation to treat. Such representations do not warrant that the Product is available.
The colours of Products that User sees depend on User’s computer display. Provider cannot guarantee that User’s monitor will display the colours accurately.

7. Pricing

This pricing for each program varies though offers an upfront price, or an ongoing membership at a discounted rate.

8. Products are for consumers

Products are available for consumers, and unless agreed in writing, Provider does not wholesale Products.

9. Content on the Interface

All Content is for informational purposes only, and is to be used or relied on at User’s own risk.
Provider makes no warranty or representations as to the accuracy of the Content.

10. Subscriptions

Provider will provide Customer access to the Interface for a pre-paid term of 4 weeks. The Agreement automatically renews unless terminated in accordance with the Agreement.
Client agrees to pay the amount set out at time of purchase.
Client authorises Provider to effect automatic payment transactions via Paypal or Stripe and agrees to do all things necessary to facilitate such automatic payments.
User may cancel their subscription at any time. Cancellation will take effect at the end of the term in which notice to cancel is provided.

11. Changes and Errors by Provider

Provider reserves the right to do any of the following, at its absolute discretion, without notice:

change any price;
correct or remove Content on the Interface;
update the Interface;
limit quantities of Product sold; or
change the Interface or Content in any way;
revoke User’s access to the Interface and terminate their subscription.

12. Errors

User agrees and acknowledges that there may be technical, informational or administrative errors in the information on the Interface, including but not limited to errors with respect to product description, pricing and product availability.

Provider reserves the right to do any of the following, at its absolute discretion, without notice:

change any price;
correct or remove any Content on the Interface;
update the Interface;
limit quantities of Product sold; or
change the Interface or Content in any way.

13. Declining orders

Provider may decline orders by the User.
Any automated confirmation receipt from Provider does not constitute acceptance of an order by Provider.
If Provider declines User’s order after a payment for the order has been processed, Provider will refund the payment in full.
Where the User makes an order or payment based on erroneous information, or where a change by the Provider affects the User’s order or payment, Provider may, with notice to User, cancel the order and refund any payment made in respect of it.

14. Ownership and risk

The Products are the Provider’s absolute property at law and in equity until User has paid the full price for the Product and the Product reaches the delivery address.
Risk in the Products passes to the User when the Products reach the delivery address.

15. Delivery and Return of Goods

After taking delivery of the Products, User is responsible for examining the products for defects.
If User does not notify Provider of any defect in a Product within 10 business days of the delivery date, the Products will be deemed delivered without defect.

16. Tax

This topic states that User is responsible for paying all government charges or duties of any kind incurred in or in connection with purchases on the Interface. Such charges include without limitation all stamp duties, GST, financial institution duties, and any other charges or duties of a like kind.

17. Overseas delivery

If User orders Products from another country, User is responsible for ensuring that the Products can be legally imported into the country of delivery.
User agrees to pay any customs, duties or taxes with respect to the Products that Provider sends to an overseas address. With the exception of GST, these costs will be in addition to the purchase price that Provider quotes on the Interface.

18. Posted Content

In respect of Posted Content, User warrants that it is not:

uploaded in breach of the Intellectual Property Rights of any third party;
uploaded in breach of any law under the Privacy Act 1988 (Cth);
affected by any computer virus or malicious code;
connected with “spam” or the process of “spamming”;
in breach of any other clause of the Terms; or
false, defamatory, misleading or otherwise deceptive in any way;
financial, legal, medical or other professional advice;
adult material; or
intended to act as, or in place of, medical advice;
material that promotes illegal activities or endangers health;
material that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation.

User agrees that any comments or opinions that User expresses in Posted Content will be fair, accurate and genuinely held at the time of communication.

19. Provider not responsible for Posted Content

Provider makes no warranties as to the accuracy of any Posted Content, and will accept no liability for errors or omissions in general. Provider makes no warranties or guarantees regarding information that relates to health.

20. Licence of Posted Content and Provider powers

By posting or uploading Posted Content, to the fullest extent under the law, User grants the Provider a licence to the Intellectual Property Rights in the Posted Content, for any purpose. This licence is irrevocable, perpetual, transferrable, sub-licensable, non-exclusive, royalty free and global.
Provider reserves the right, at its absolute discretion, to remove, amend, edit or in any other way change any Posted Content, or to request User to do so. User agrees to comply.
In circumstances where the Provider has a Privacy Policy, personal and medical information is managed in accordance with this document.

21. Comments, Reviews and Ratings

A comment, review and ratings system is available on the site. User accepts that their Posted Content could be discussed on the Interface.
User agrees that any comments, reviews or feedback that they make will be fair, accurate and genuinely held by User.
Provider reserves the right to remove any comments, feedback or ratings at Provider’s sole discretion.

22. Privacy and Data Retention

Provider may collect and store Data.
Provider’s Privacy Policy explains:
how Provider collects and stores Personal Information; and
under what conditions Provider shares such information.
User acknowledges and accepts the terms and conditions of the Privacy Policy.
Provider reserves the right to share or disclose User’s Data in order to maintain the Interface and comply with any relevant laws.

23. Third Party Websites and Advertising

The Interface may contain hyperlinks, images, banners, information and advertising from Third Parties. User consents to receiving this information as part of User’s use of the Interface.
Provider is not responsible for any information transmitted by Third Parties nor is Provider responsible for the accuracy of any advertisements.
User’s link to any Third Party website, or decision to accept any Third Party offer, is entirely at User’s own risk.

24. Intellectual Property Rights

All title, ownership rights and Intellectual Property Rights, including copyright, in the Interface is owned or used under licence by Provider.
User may make whatever copies of the Interface are necessary for ordinary browsing.
Otherwise, without the express written permission of Provider, User shall not:
replicate all or part of the Interface in any way, including for private and domestic use;
incorporate all or part of the Interface in any other webpage, site, application or other digital or non-digital format; or
copy, alter, use or otherwise deal in Provider’s trade marks without the prior written consent of Provider.

25. Complaints about the Interface

In the event of a dispute with another user, User agrees to work in good faith to resolve the dispute. User agrees and acknowledges that any such dispute is to be resolved by users amongst themselves directly, without the involvement of Provider in any way whatsoever.
If User has a complaint in connection with the Interface for which User considers that Provider is liable, User must report it in writing to Provider within 10 days of the circumstances giving rise to the complaint first occurring. Provider may or may not, at its sole discretion, investigate User’s complaint, depending on the nature of the complaint.
If User is not satisfied with Provider’s action in relation to a complaint, User must formally notify Provider of User’s complaint with a written notice which includes, or is accompanied by, full and detailed particulars of the complaint.
Within 10 days after such a notice is given, a representative of Provider will respond to the Complaint Notice in writing.
In accordance with this section, and to the fullest extent available under the law, User agrees not to bring any court or tribunal proceedings against Provider in respect of any complaint unless User complies with the requirements of this clause (but subject always to any rights User may have under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation).

26. Exclusion of express warranties

User uses the Interface its own risk. Provider makes no warranties or guarantees, implied or express:

that the Interface will be accessible at all times, uninterrupted or error free;
that the Interface is without bugs or viruses;
that the Interface is immune to unauthorised access or security breach; and
in respect of the retention of, or continued accessibility of, any Data;
relating to User’s finances, including their ability to save money or make money.

27. Limitation of liability

Implied Conditions

Provider excludes all implied guarantees, conditions and warranties from the Terms and the Interface, except any Non Excludable Condition.

Limitation of Liability

Provider excludes all other liability to User for any Costs, including Consequential Loss, suffered or incurred directly or indirectly by User in connection with the Terms or the Interface, including in connection with:

the Interface being inaccessible to that User for any reason;
incorrect or corrupt Data, lost Data, or any inputs or outputs of the Interface;
computer virus, trojan and other malware in connection with the Interface;
security vulnerabilities in Interface or any breach of security that results in unauthorised access to or corruption of Data;
the User’s participation in any experiments, beta software or pilots;
reliance on the Provider’s advice;
the User’s failure to follow the Provider’s advice or instructions;
the User’s participation in any experiments, tests or pilots;
the infringement or claimed infringement of the Intellectual Property Rights or moral rights of any person in connection with the Interface;
any party’s failure to fulfil any formalities necessary to give full effect to an assignment of Intellectual Property Rights;
any harm to or claim by a third party in connection with the Interface;
any personal injury, both mental and physical, or death, arising directly or indirectly in connection with the Interface;
any loss or damage to property arising directly or indirectly in connection with the Interface;
any unauthorised activity in relation to the Interface;
the User’s use of or reliance on the Interface for a purpose other than the business purposes of the User or the reasonably expected purpose of the Interface;
any act or omission of the Provider, its personnel or any related body corporate under or in relation to the Terms or the Interface;
the Provider’s breach of the Terms;
the termination of the Terms; and
the User’s failure to fulfil its obligations under the Terms.

Non Excludable Condition

Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, Provider limits its liability for any breach to:

in the case of goods:
the re-supply of the goods or payment of the cost of the re-supply of the goods; or
the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
in the case of services:
the re-supply of the services affected by the breach; or
the payment of the cost of such re-supply of the services.

28. Limitations and exclusions subject to the law

All limitations and exclusions in the Terms:

are subject to Non Excludable Conditions to the extent of any inconsistency;
apply to the fullest extent permissible by the law; and
apply however the excluded, limited, or indemnified Costs are caused, whether they arise in contract, tort (including by Provider’s negligence), or under statute.

29. Indemnity

User indemnifies the Indemnified against all Costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the Terms or User’s use of the Interface, including any Costs arising directly or indirectly from:

User’s breach of the Terms;
User or any authorised user’s infringement of any third party Intellectual Property Rights while using the Interface;
the User’s breach of the Terms;
the Provider’s enforcement of its rights in connection with the Terms, including legal costs on a full indemnity basis;
any harm to, claim or action by a third party arising directly or indirectly from the User’s use of the Interface;
any personal injury, both mental and physical, or death, arising directly or indirectly out of the User’s conduct in connection with the Interface;
any damage to property arising directly or indirectly out of the User’s conduct;
the User or any authorised user’s infringement of any third party Intellectual Property Rights while using the Interface;
any claim, action or suit by a third party alleging infringement of their Intellectual Property Rights as a result of the conduct of the User;
any negligent or unlawful act or omission by the User in connection with the Interface;
the Provider’s or a third party’s reliance on a misleading representation made by a User;
a contract in force between the User and a third party connected with the Interface;
the User’s breach of privacy law;
the User’s failure to fulfil any of its obligations in the “Privacy” clause of the Terms;
the User’s storing Data on the Interface;
providing access to Data, or a subset of the Data, to a person who has requested such access in accordance with privacy law;
the Provider being obligated to correct Data upon request by a person in accordance with privacy law;
any complaints process initiated by a person under privacy law; or
any other cost incurred by the Provider as a result of a person pursuing rights conferred upon them by privacy law.

30. Conditions of indemnity

The Indemnities in the Terms are subject to Non Excludable Conditions to the extent of any inconsistency, and apply to the fullest extent permissible by law.
The Indemnified may make a claim under indemnities in the Terms in relation to a Cost before having incurred the Cost, or before making a payment in relation to the Cost.
The indemnities in the Terms shall be in addition to any damages for breach of contract to which Provider may be entitled. Nothing in the indemnities in the Terms will be construed so as to prevent Provider from claiming damages in relation to User’s breach of any term of the Terms.

31. Remedies

The parties agree that any breach or threatened breach by the User of a Key Obligation may cause the Provider immediate and irreparable harm for which damages alone may not be an adequate remedy.
To make the User perform a Key Obligation, or to stop the User from breaching a Key Obligation, the Provider has the right to apply to a court for:
an injunction;
an order of specific performance; or
another remedy available in law or in equity.
The Provider can make such an application before or after the breach takes place.

32. Termination

Provider may terminate the agreement at any time without notice. Provider will refund on a pro rata basis an amount for the remainder of the month.
Where the Terms have been terminated User must immediately cease to use the Interface and delete it from the User’s devices.
Termination of the Terms does not affect the parties’ rights in respect of periods before the termination of the agreement.
After termination, Provider will continue to have the right, but not the obligation, to monitor Posted Content on the Interface, to determine compliance with the Terms and any other operating rules established by Provider.

33. Communications

Communications must be in writing.
Either party may serve any Communication on the other party by sending it to that party’s email address.
A Communication by email will be taken to have been received by the addressee 24 hours after the email was sent, unless the party sending the email knows or reasonably ought to suspect that the email was not delivered to the addressee’s domain specified in the email address.
The email for Provider is [email protected]. The email for User is the email used by User to setup an Account on the Interface.

34. Amendment

This topic states that the provider may make minor changes to assist with fairness and accuracy of the Terms at its sole discretion – by providing User with a period of notice that Provider determines to be reasonable.
If User chooses to unsubscribe from Provider’s mailing list, Provider will not have the ability to notify User of changes to the Terms, and it will be User’s responsibility to regularly check the Terms.
By continuing to use the Interface after an amendment to the Terms, User agrees to be bound by the Terms as amended.

35. Relationship of parties

The relationship between Provider and User under any Terms does not form a joint venture or partnership.

36. Assignment and novation

User cannot assign, novate or otherwise transfer any of its rights or obligations under the Terms without the prior written consent of Provider.
Provider may assign, novate or otherwise transfer any of its rights or obligations under any Terms to a third party without notice to, or the prior consent of, User, but if Provider requires, User will sign any documents to give effect to an assignment, novation or transfer by Provider under this clause.

37. Governing law

The laws of the state of Queensland govern the Terms and each party submits to the non-exclusive jurisdiction of the courts in that jurisdiction.

38. General and interpretation

Further assurances

The parties agree to do everything required to give full effect to the Terms.

Entire agreement

The Terms and any other document incorporated by reference constitute the entire legal agreement. The parties agree that they have not relied on any representation or statements outside the terms of the Terms.

Counterparts

The documents constituting the Terms may be executed in a multiple counterparts. The counterparts will be read as 1 legal document.

Waiver

No right or obligation under the Terms will be waived unless the waiver is explicitly waived in writing.

Severance

Any unenforceable or invalid term of the Terms will be severed to the extent of the unenforceability or invalidity without affecting any other term in the Terms.

Binding on successors

The Terms are binding on each party’s successors and permitted assigns.

Terms expenses

The parties will cover their own expenses in preparing the Terms documents.

Interpretation

Unless the terms and conditions of the Terms explicitly state otherwise, the Terms will be interpreted as follows:

a reference to a party includes that party’s permitted assigns, administrators, successors, executors, legal representatives and any novated party;
any reference to a trustee includes any substituted or additional trustee;
unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
“including”, “includes” or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
headings are for convenience and will not affect interpretation;
words in the singular will be taken to include the plural and also the opposite;
“$” means the currency of User’s country of residence;
a reference to a document will be to that document as updated, varied or amended;
a document referenced by the Terms will not take precedence over the referencing document;
when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body in any way;
where a “URL” is mentioned, the non-operation of the “URL” will not render the rights and obligations associated with it invalid;
any referenced digital resource may be replaced with another digital resource that is a “copy” of the original resource;
a reference to a party’s conduct includes omissions as well as acts;
if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute; and
where a party is required to do “anything necessary”, this includes executing agreements and other legal instruments.

39. Definitions

Account, Accounts

means a membership account on the Interface.

Communication, Communications

means any written communication including each notice, consent, approval, request and demand under or in connection with the Terms.

Complaint Notice

means the notice provided by User to Provider as described in the clause entitled “Complaints about the Interface”.

Consequential Loss

means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

Content

means all information, graphics, HTML, text, software and materials on the Interface.

Cost, Costs

means any costs, expenses, losses, damages, claims, demands, proceedings, and other liability.

Data

means information that User uploads to the Interface including account registration information, Personal Information and Posted Content.

Indemnified

means Provider and its directors, employees, contractors and agents.

Intellectual Property Right, Intellectual Property Rights

means all present and future rights conferred by statute, common law or equity in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Interface

means the application/website called http://www.howtodrinklesslivemore.com/. A reference to use of the Interface also refers to use of the Content.

Non Excludable Condition, Non Excludable Conditions

means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

Personal Information

has the meaning given to that term in the Privacy Act 1988 (Cth).

Posted Content

means any Content that User uploads to the Interface.

Privacy Policy

means the Provider’s privacy policy.

Product, Products

means products made available on the Interface, including:

books, DVDs, audio and video files, computer files and any other item listed for sale on the Interface.

Terms

means the legally binding contract arising between the parties composed of the terms and conditions in this document.

Third Party, Third Parties

means third party businesses, people and websites.

Us

means the Provider.

You

means you, the user, or the entity that you are signing for, known in this document as the User.