Terms & Conditions

Effective date: 01.09.2023

 

WEBSITE TERMS OF USE

The website www.elevateenscape.mykajabi.com (and all associated digital platforms, media accounts, mobile applications (together, the Website), contents, products, materials and services (together, the Services) are licensed and operated by Elevate Enscape. The term you the Client refers to any user or browser of the Website or purchasers of our Services.

The Terms and Conditions and any additional disclaimers, policies and legal notices displayed on this Website from time to time explain how you may use the Website and our Services. It is important that you read and understand these Terms and Conditions. By accessing any information or using the Services provided through the Website, you (the users) will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time.

You agree that the use of the Website and Services is at your own risk. If you are under the age of 18, you must obtain your parent or guardian’s prior consent to use the Website and Services. You acknowledge and agree that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.

These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.

 

OUR SERVICES
The Website and Services aim to provide a source of information, education and community for interior designers or individuals interested in utilising design resources and tools via courses, programs, and associated materials (“Courses”). The information, videos, images, content, and material contained in or available through the Website and Services, are provided for general information purposes only. None of the content on this Website represents or warrants that any method or service is appropriate or effective for every business or individual. All information provided by us is provided in good faith, though we make no guarantees of any specific result from the use of the Website or Services. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome or results.

 

PERMITTED USE
Elevate Enscape prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Services responsibly and comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes Elevate Enscape’s rights or the rights of others.

You may not use the Website or Services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms and Conditions.

 

REGISTRATION AND SUBSCRIPTION
By making a preliminary enquiry, subscribing, sending a message via social media or via the website www.elevateenscape.com, joining our community, downloading any of our other free guides or materials, or registering for our Courses, you will be added to our email list and consent to receiving electronic communications from us.

You can choose to opt out of receiving communications from Elevate Enscape at any time by following the instructions on the form to update your subscription or data preferences, unsubscribing from our email communications, or emailing us at [email protected]. For more information regarding email communications and subscriptions, please refer to our Privacy Policy.

Some of our products and services are offered on an ongoing basis via subscription. Users may cancel subscriptions at any time by emailing us at [email protected]. Your subscription shall be terminated immediately upon cancellation, and you shall receive a refund based upon the portion of the subscription period that remains at the time of cancellation.

 

ENROLMENT
We may offer various courses, programs or workshops at any given time, of which the content, timing and fees may differ. You acknowledge and agree that upon payment for the Course, you have satisfied yourself as to the product you are purchasing, the fees, and have made all necessary enquiries as to the content, materials, modules and requirements.

Products and services comply with current French legislation and Elevate Enscape cannot be held responsible for any failure to comply with the legislation of another destination country.

The purpose of the services is to provide information, useful tools and resources to support the Client develop or enhance relevant skills and capabilities in relation to matters of interest.

Elevate Enscape will provide the Courses with due care and skill based on knowledge, experience and expertise. Elevate Enscape will mentor, educate, inspire, support and assist the Client, but does not accept responsibility for the outcome of the Client’s efforts, both during and after.

The Client is responsible for their commitment to engage and participate by completing the modules and materials provided. Elevate Enscape makes no warranties as to the Client’s personal or professional results from engaging and participating in the Courses. The Client is responsible to ensure they have the equipment, skills and abilities necessary and to ensure they are aware of the schedule of the Courses, that they check their emails for notifications or social media groups for announcements, including live streaming events on any platform.

The Client acknowledges that the Courses are not intended to be a substitute for professional advice by qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.

 

USER ACCOUNTS
To access the Website you will be required to set up a user account and provide us with data for your profile. You consent to providing your personal data and acknowledge that if you do not consent, we may not be able to provide all or some of the Services. For more information regarding personal data, please refer to our Privacy Policy. You will be provided access to the Courses via your account, for the period of the course, or for a specific period in which you can complete the Courses.

You agree you will not create, hold, use or have carriage over more than one user account, you will not sell, transfer, license or assign your account, username, or any account rights, and that you will not create an account for anyone other than yourself. You agree you are responsible for all activity that occurs via your account, including maintaining the confidentially of your account and your account password.

You agree that all information you provide to us will be true, accurate, current and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Services.

 

COMMUNITY GUIDELINES
Our online community is an important part of our business, and therefore it is essential to ensure that all our members of our community adhere to the Community Guidelines to maintain a safe and ethical online environment for all.

Our online community is made up of people from different cultures, countries, religions and races, and disrespectful conduct of any kind towards anyone will not be tolerated. You may not communicate or incite any content or behaviour that is offensive or directly attacks, intimidates or harasses someone based on religion or faith, race or ethnicity nationality, sexual orientation, age gender or gender identity or disability. You must not defame, stalk, bully, abuse, harass or intimidate anyone, or restrict another User’s use and enjoyment of the community in any way.

Elevate Enscape will not tolerate negative conduct of any kind. You must not use threatening language of any kind for any reason. You must not make threats of harm to personal or public safety or which would unfairly advantage a commercial entity or any individual.

Elevate Enscape prohibits dishonest or misleading conduct of any kind that threatens the integrity or security of the community on our platform. You must not create or operate from a user account on social media or any other platform for anyone other than yourself. You must not pretend that you are, or that you represent someone else, or impersonate any other individual or entity for any purpose.

If it is found, or we have reasonable grounds to believe, that a member of Elevate Enscape community is threatening the safety of the community or has provided information that is not true, accurate, current and complete, we may suspend or terminate their access to the community, refuse future use of the Services and inform the relevant authorities where appropriate.

To report any behaviour which you believe violates these guidelines please email us at [email protected].

 

COMMUNICATION

The Website and online community may contain forums, chat areas, news groups, personal web pages, calendars, blog comment sections and/or other message or communication facilities (“Communication Services”) designed to enable you to communicate with the public at large or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

You agree that when using the Communication Services, you must only communicate content you own or have the right to communicate.

You agree you will not: harass, defame, stalk, abuse, stalk, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate the guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service, to remove any materials in our sole discretion, and to terminate your access to any or all of the Communication Services for any reason and at any time without notice.

We reserve the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service

Materials uploaded to a Communication Service may be subject to limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations.

 

USER-GENERATED CONTENT

The Website and our Communication Services may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (‘User-Generated Content’), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

You agree you are responsible for your User-Generated Content, which includes but is not limited to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or is in any way connected with Services.

You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive, or for any other reason. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.

 

THIRD-PARTY INFORMATION AND LINKS
The Website may contain links to third-party websites or resources by way of recommendations of the provision of relevant information. You acknowledge and agree that we are not responsible for the information, services or resources of any third parties, nor do these links imply any commercial endorsement by, or affiliation with us. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.

We may, from time to time, provide information from a third party in the form of a podcast guest interview, guest blog post, or interview through other media. We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information they provide and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any podcast offered by us agree to transfer all intellectual property rights they may have in any such interviews to us and further provide an unlimited, world-wide royalty-free license to any rights they are unable to assign.

 

PURCHASES AND PRICING
Fees

You agree to pay the fees for the course as specified in the purchase price, and in the manner as indicated, including if the fees are upfront, require a deposit and balance payment by a required time frame or by way of progress payments. You will be responsible for the full amount purchased, regardless of whether you complete the Services or Program or not, unless otherwise agreed, you are to make payments owing, on time and in accordance with the Agreement If payment are late, you may incur late fees, or the Services may be suspended until payment is made.

Our Services may be subject to change without notice. We reserve the right at any time to modify or discontinue any Services without notice at any time and shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Services. We reserve the right to limit the sales of our Services to any person, geographic region or jurisdiction, and to offer discounts, early bird pricing and fee options or changes at any time, and at our sole discretion.

 

 

Credit Cards, Chargebacks and Payment Security

Transactions are processed in EUR figures. Fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees. Elevate Enscape is subject to VAT.

Where the charges to your nominated credit card are rejected or fail for any reason, we may suspend the provision of Services at our full discretion and where an additional attempt to charge the Fees to your nominated credit card fails despite notice to you, any agreement for the provision of Services may be terminated subject to the Terms of Agreement.

accepts no responsibility for credit card charges that are declined or not accepted due to disruptions with internet connections or problems with your Company. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence which we are responsible for. To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. Elevate Enscape reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.

 

Gateways and Merchants

We may use a payment-processing merchant for purchases and payments, or a payment platform, for which you may be directed off-site. By purchasing the Services, you agree to comply with these terms of purchase as well as those provided by the payment-processing merchant or payment platform.

We (or our payment-processing merchant) may securely collect all information obtained during your purchase or transaction for the items and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be securely collected. For further details on what information we collect, please see our Privacy Policy.

You agree and acknowledge that all information you provide to us through the purchasing service will be true, accurate, current, and complete, including but not limited to your title, name, age, gender, address, and telephone number. You acknowledge and agree that Elevate Enscape and any relevant third party of our choosing will collect your Personal Information for the purpose of the purchasing service. You acknowledge that if we cannot collect this Personal Information and other Personal Information as requested, we will not be able to process your purchase and may not be able to provide you with some or all of our Services. For more information, please refer to our Privacy Policy. We reserve the right to change the preferred payment gateway, from time to time and without notice.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.

 

CANCELATIONS, REFUNDS AND RE-SHEDULING

In accordance with article L121-21 of the French Consumer Code, the customer has a period of 14 days from the date of purchase for a service, or from the date of receipt for a product, to exercise his/her right of withdrawal.

If they wish to exercise their right of withdrawal, customers must comply with the warranty and refund conditions for the digital product they have purchased.

Any request for a reimbursement will result in the immediate revocation of access to the course and all associated materials.

Elevate Enscape will reimburse the customer by the same means of payment used to make the purchase.

An eventual reimbursement, will be made by Elevate Enscape within the legal time limits stipulated in the French Consumer Code.

After this legal deadline, the eventual sums due by Elevate Enscape will automatically be increased at the legal rates stipulated in the Consumer Code.

In addition, any type of advantage or promotional offer, of any nature whatsoever, linked to the original purchase, for which the customer exercises his right of withdrawal, will be automatically cancelled.

In any event, this right cannot be exercised for a service that has been performed or for which performance has begun.

Furthermore, Elevate Enscape will not issue a refund in the following cases, at any time and for any reason whatsoever:

- Cancellation requests made after the guarantee date of the product purchased.

Some of the products and services offered are not subject to this right of withdrawal.

In particular, articles L121-20-2 and L121-21-8 of the French Consumer Code exclude :

- Digital content not supplied on a tangible medium, the execution of which has begun after the customer's express prior agreement and express waiver of his or her right of withdrawal.
- Audio or video recordings or computer software when unsealed by the customer.

- Refunds on any digitally downloaded products including but not limited to: workbooks, templates, scenes, scripts, and spreadsheets, shall not be granted.

 

INTELLECTUAL PROPERTY
Ownership of Copyright

You acknowledge and agree that the Website and the Services contain information, content and material that is owned by Elevate Enscape and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth), whether existing under statute, at common law or in equity, now or hereafter in force.

You are prohibited to copy, distribute, share and/or transfer information, content and material from the Website or Services (and/or their associated username or passwords) you purchased to any third party or person. In some cases, we may encrypt, force password and/or stamp license details (including customer name, address, etc.) to ensure additional safety.

No part of the Website or Services, including any content, information or material posted on the Website or downloaded via the website may be used, reproduced or exploited in any form or by any means, except as expressly permitted by us.

Elevate Enscape respects the intellectual property rights of others and warrants that all information and materials provided via the Website and Services is original content of Elevate Enscape and does not violate the intellectual property rights of any third parties. Any and all references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to it.

You acknowledge and agree to respect the intellectual property rights of others, including but not limited to our users, and third parties, by refraining from using, reproducing or exploiting any third-party content or User Content that infringes their intellectual property rights recognised throughout the world, whether existing under statute, at common law or in equity, now or hereafter in force.

These Terms do not transfer any of our intellectual property rights to you or any third parties. You are granted no right or license with respect to our trademarks, service marks, graphics, and logos, used in connection with the Services and Website. All intellectual property displayed on the Website has been provided with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

We may, from time to time, monitor your use of the Website or Services to determine if you are in breach of this Policy. If you infringe our intellectual property rights or any other third party, we have the right to deny access to, or terminate your use of the Services, and to report you to the relevant authorities or take any actions as necessary.

 

Templates and Forms

We provide various templates and/or forms for download and/or sale on this Website or links. We grant you a limited, personal, non-exclusive, non-transferable license to use the templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to copy, reproduce, edit, modify, alter, enhance, create derivative works of, reverse engineer or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorised use. The templates and/or forms may not be sold or redistributed without our express written consent.

Free Downloadable Content

We provide various resources on this Website that users may access by providing an email address. We grant you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to copy, reproduce, edit, modify, alter, enhance, create derivative works of, reverse engineer or in any way exploit any of the free content in any manner.

By downloading the free content, you agree that (i) the free content may only be used by you for your personal or internal business use and may not be sold or redistributed without our express written consent, and that (ii) you shall not create any derivative work based upon the free content and you shall not offer any competing products or services based upon any information contained in the free content.

 

Courses

Upon your purchase of such Courses, we grant you a limited, personal, non-exclusive, non-transferable license to use the purchased Courses for your own personal or internal business use for the period of time specified for each such Course. Except as otherwise provided, you acknowledge and agree that you have no right to copy, reproduce, edit, modify, alter, enhance, create derivative works of, reverse engineer or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent by us. Furthermore, you agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

 

MEDIA CONSENT AND RELEASE
You acknowledge and agree where you have consented to any content submitted that is related to, or is as a result of completing the course, including but not limited to images, reviews or testimonials, you authorise Elevate Enscape to publish, or to have published, for use in print, online and digital, publications, platforms and mediums for the purpose of marketing and promotion or information, and release and hold harmless Elevate Enscape from any reasonable expectation of privacy or confidentiality (including if personal details are withheld), from liability or for any claims in connection associated with the publication of these images, reviews, testimonials, marketing or promotional materials, and that publication of the above said confers no rights of ownership or royalties whatsoever, or entitlement to financial compensation of any type.

 

PRIVACY AND SECURITY OF INFORMATION
Our Website and Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand, and agree to our Privacy Policy as updated from time to time.

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.

 

CONFIDENTIAL INFORMATION
During the Courses you may elect to share confidential information regarding your business or personal matters. Elevate Enscape warrants that any and all information provided in this context will be treated as confidential.

 

In circumstances where you are part of group discussions or information sharing, Clients of the course will be also be obliged to respect the confidentiality of other Clients, however, we cannot assume responsibility or protect confidential information shared in this capacity. We therefore request that Clients be mindful of the information they elect to share, respectful of the other Clients and of the requirements of participating in closed group discussions with regards to confidential information.

 

Obligations with respect to Confidential Information

A Recipient may use Confidential Information of the Discloser only for the purposes of this Agreement and must keep confidential all Confidential Information of the Discloser except for disclosure permitted under this clause, and to the extent (if any) the Recipient is required by law to disclose such Confidential Information.

 

Disclosure to Authorised Persons

A Recipient may disclose Confidential Information to persons who have a need to know such information for the purposes of this agreement (and only to the extent that each has a need to know). If requested by a Discloser, that Recipient must procure from any of those persons a written confidentiality undertaking in respect of particular Confidential Information that is in a form reasonably acceptable to that Discloser.

 

Recipient to take Particular Steps

A Recipient must ensure that each person to whom it discloses Confidential Information under this clause uses, and treats, such information in the same manner as specified in this clause immediately notify the Discloser if that Recipient suspects or becomes aware of any unauthorised copying, use or disclosure of the Confidential Information in any form and notify the Discloser of, and take all reasonable steps to prevent or stop, a suspected or actual unauthorised disclosure (by the Discloser) or use of any Confidential Information.

 

TERMINATION
We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:

(a) where you are in breach of any of the Terms of Use or any related policies;

(b) where at any time you have committed any act of willful or serious misconduct;

(c) if you fail to pay any fees, payments or expenses properly payable to us for our Services within 28 days of the stipulated date;

(d) where you have created a risk or possible exposure for us;

(e) where there are unexpected technical issues or problems;

(f) at the request of law enforcement or government authority; or

(g) upon a request by you.

 

DISPUTES
In the event a dispute arises from, or in connection with, these Terms of the Use, the party who claims that there is a dispute will give written notice to the other party, include they include the details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet in order to resolve the dispute or if they are unable to do so, they will agree upon another method of resolving the dispute, in good faith. All aspects of every such meeting, except the fact that the meeting was held, will be privileged. If the parties do not resolve the dispute, or where the dispute remains unresolved following the meeting, do not agree upon an alternate method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party by notice in writing to the other party to litigation.

 

MAINTENANCE
Elevate Enscape is responsible for the support and maintenance of its Website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, Internet service companies and other external factors; we therefore do not guarantee the availability of the Website all times or at any specific times.

 

WARRANTIES AND LIABILITY
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT OUR OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT OUR OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY WE) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL WE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 AUD OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 12 MONTHS.

BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE WE FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.

 

WAIVERS AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

 

GOVERNING JURISDICTION
The laws of New South Wales govern this agreement, and any access to or use of our Services. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to this Agreement.

 

MISCELLANEOUS
This Agreement (and all related documents, policies and legal notices) constitute the entire agreement concerning your use of this Website and supersedes all previous agreements or understandings, whether written or oral, in relation to your use of this Website.

No amendment or variation of the Terms and Conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign the document. If any part of this Agreement is held invalid or unenforceable, that part may be severed from this Agreement, and the remaining portions of these Terms and Conditions will remain in full force and effect.

The failure of a party at any time to perform any obligation under the Terms and Conditions is not a waiver of that party’s right:

(a) to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and

(b) at any other time to require performance of that or any other obligation under the Terms and Conditions.

These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

DISCLAIMER

 

WEBSITE CONTENT

The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. They are not intended as, and shall not be understood or construed as, legal advice, financial advice, tax advice, medical or health advice, or building and are not a substitute for the appropriate professional advice.

Whilst we may provide guidance in the areas of commerce, trade or design, we advise you to seek advice from a licensed professional who is aware of the facts and circumstances of your individual case. We have done our best to ensure that the information provided on this Website and the resources available for download are accurate.

Neither us nor any of our owners, employees, or agents shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent professional advice from a licensed professional.

 

ERRORS AND OMISSIONS

This Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence in order to verify any information you obtain from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained on this Website.

 

USER’S PERSONAL RESPONSIBILITY

By using this Website, you accept personal responsibility for the results of your actions, namely any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree that you are solely responsible for how you use such information and resources, and you agree to conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.

 

ABSENCE OF PROFESSIONAL-CLIENT RELATIONSHIP

Your use of this Website, including implementation of any suggestions set out in this Website and/or use of any resources available on this Website, does not create a professional-client relationship between you and us or any of our owners, employees or agents. Accordingly, you agree that you do not enjoy a professional-client relationship by the use of this Website.

 

NO GUARANTEES

You agree that Elevate Enscape has not made any guarantees regarding the results of taking any action, whether recommended on this Website or not. We provide educational and informational resources that are intended to inform and guide users of this Website. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, circumstances, and innumerable other factors that are beyond the control and/or knowledge of Elevate Enscape.

You recognise that as previous results do not guarantee a similar outcome, the results obtained by others, whether or not our clients or customers, applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

 

SUCCESS DISCLAIMER

We may report on the success of one of our existing or previous clients or customers. You acknowledge that the prior success of others does not guarantee your success.

As your results are based on your individual capacity, background, dedication, motivation, experience and level of desire, there are no guarantees concerning the level of success you may achieve.

The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for any success or failure that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website.

 

REVIEWS

We may provide reviews of products, services, or other resources, which may be provided to us for free or at a reduced price as an incentive to provide a review. Any such reviews will represent the good-faith opinions of its author. Accordingly, you recognise that you should conduct your own due diligence and should not rely solely upon any reviews provided on this Website.

We will disclose any discounts or incentives that we have received in exchange for providing a review of a product. If you would like further information, send us an email at [email protected] that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.

 

TESTIMONIALS

You may find testimonials we have received from clients and customers of the products and services offered on this Website or by us.

Although these testimonials are the actual statements we received about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You recognise and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by us.

 

ENDORSEMENTS

We may refer to other products, services and/or experts on this Website. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. It is your responsibility to conduct your own research and make your own determination about any such product, service and/or expert.

 

AFFILIATE LINKS

We may participate in affiliate marketing and may allow affiliate links to be included on some of our Website. This means that we may earn a commission if/when you click on or make purchases via affiliate links. We will inform you when one of the links is an affiliate link and will only affiliate with products, services and experts that we believe will provide value to our customers and followers.

You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference, or information provided by us and will conduct your own research and will rely upon your research in deciding whether to purchase the affiliate product or service.