Empowered Ed Pty Ltd – Terms & Conditions
In this policy, “us”, “we”, or “our” means Jodie Clarke, The Empowered Educator, Empowered Ed Pty Ltd – operator of this website.
We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website.
These terms were last updated on 19th August 2020
These terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in new South Wales to determine any matter or dispute which arises under these terms.
While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error-free. Your access to this website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
We reserve the right to change or discontinue any feature or service on the site at any time without notice.
We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.
You must not use, or attempt to use this website:
- in breach of any applicable laws of the State of New South Wales, Commonwealth of Australia, or local laws in your jurisdiction
- to impersonate any person or entity
- to solicit money, passwords, personal information or other property from any person or entity
- to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
- to publish or facilitate publication of personal information of a third party without their consent
- to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so
- to publish or facilitate publication of pornographic or offensive material
- to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware
- to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so
Breaching of these rules of conduct may result in termination of your access to this website and prevention of further access without warning or notice.
Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.
This website may contain material that is protected by copyright, trademark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website for your own personal, non-commercial use. Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:
- Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
- Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser’s cache).
6. THIRD PARTIES
Certain areas of this website may contain links to external websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of any third party website.
Certain areas of this website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.
Certain areas of this website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.
7. LIMITATION OF LIABILITY
Your use of this website is undertaken at your own risk.
To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, products, and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.
By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein unless otherwise specified in writing.
In the case of goods or services supplied or offered via this website, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those goods and services.
1. MINIMUM AGE AND LEGAL CAPACITY
Purchasing products or services on this website is restricted to individuals 18 years of age or older. Individuals below the age of 18 may have purchases made on their behalf by a parent or guardian.
Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
2. ACCURACY OF PRODUCT DESCRIPTION
All products and services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:
- Human error in entry of information
- Incorrect information provided to us by suppliers or distributors
- Failure of suppliers or distributors to supply updated information to us
- We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.
All orders are placed in Australian dollars.
In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however, it may be retained by our payment gateway provider in circumstances where this is required.
In the case of offline payment, we will contact you to arrange payment. This process must be completed before your order can be fulfilled.
In cases where your payment for an order fails for reasons including but not limited to insufficient card credit or cheque dishonor, your access to membership may be paused or canceled until payment issues rectified.
4. PRICES AND TAXES
Prices are displayed to Australian visitors of this website (unless otherwise marked) including GST if applicable to the product, and in Australian Dollars.
If we determine that you are in a foreign country, we may display prices to you without GST and/or in alternate currencies.
5. REFUND POLICY
When you purchase a digital resource or membership access on The Empowered Educator, you agree to our Refund Policy. Except as provided in our Refund Policy, all sales are considered final and nonrefundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy.
Payment methods and currency. We offer a variety of payment methods to pay for purchases, such as a credit and debit card or a PayPal Account. All prices are listed in Australian (AU) dollars. Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.
Promise to pay. When you buy something on The Empowered Educator (including Digital Resources, Online Training, Member Hub Membership Subscriptions and other products or services we may offer), you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. You further agree that The Empowered Educator may charge your payment method the amount due, which will be in Australian (AU) Dollars. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees.
6. TAX INVOICE
Upon completion of your order, we will supply a Tax Invoice to you in the form of an email. Please ensure that the email address you have provided us is correct.
We use industry-standard SSL encryption where applicable to protect the privacy of information in transit between this website, yourself, and our suppliers including payment gateways.
You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorized access to, your personal information where the security of information is not wholly within our control.
8. LIMITATION OF LIABILITY
Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any product or service purchased from this website beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.
9. PAYMENT PLANS
Full access to any product purchased using a payment plan (where offered) ‘may’ be restricted if a payment fails. Failure to make all payment ‘may’ result in exclusion from any paid product forums or groups.
10. PARTICIPATION IN FREE AND PAID GROUPS, FORUMS AND INTERACTIVE AREA’S
You agree that you will not:
Use our forum, private Facebook group or any other user interactive area of our site for any illegal purpose,
Place any material in our forum, private Facebook group or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party,
Place any material in our forum, private Facebook group or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person,
Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, private Facebook group or any other user interactive area of our site,
Place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.
11. SUBSCRIPTION PAYMENTS/RECURRING BILLING
Access to the EMPOWERED EDUCATOR MEMBER HUB is via monthly (30 days) automated billing or annual (365 days) automated billing. If you wish to cancel your subscription/recurring billing, login to the Member portal and complete the cancellation request form. Your account will remain active until the current term has expired and you will receive an email confirming your account cancellation. No further payments will be taken from your account.
Terms of purchase (a recurring subscription payment monthly or annually) are clearly described on both the checkout page and again in the associated new member welcome emails so purchasers can make an informed choice regarding initiating a subscription.
A subscription payment agreement can be cancelled at anytime by a current member using the request form on your Member Homepage or HERE.
Declined payments will automatically be retried for a period of three (3) days. If payment is declined again on the fourth attempt your account will be suspended until you log in to the Member Account portal and re-start billing.
Members are responsible for full payment of recurring subscription fees for their monthly or annual membership as clearly explained during the initial checkout and purchase process. Members understand that they are purchasing a subscription membership that can be cancelled at anytime and these monthly fees are non-refundable after the date due.
Members recognise that they are not agreeing to a one-off payment (unless they choose to cancel after the first month). ‘I was unaware it was a recurring payment' is not accepted as eligibility for a refund as payment terms are clearly outlined before any purchase is made.
The Empowered Educator recognises and understands that things don't always go as planned, so refunds are sometimes offered in a few limited circumstances. If your membership refund request falls into one of the exceptions listed on our refund policy page here, you may be eligible for a refund.
12. MEMBERS HUB SPECIAL PRICE TRIAL PERIODS
The Empowered Educator may, at sometimes during promotional periods, offer the first month or 2 weeks Members Hub membership at a reduced rate. This offer is non-transferable and may only be redeemed once. Any further attempts to join at the discounted trial price may be declined. The promotional price is for 1 month (30 days) or (where specified) $2 for a 14 day period and after the initial 30 or 14 day period (As applicable) if membership is not canceled the full monthly membership of $39AUD (inc GST for AU residents) will be charged monthly (every 30 days) until membership is canceled.
It is the sole responsibility of the member to login to their member homepage found HERE to cancel membership by completing the Member Hub Query Form and choosing the box that requests cancellation of membership. No refunds shall be offered outside of the conditions listed above in section 11 for members who do not cancel with the trial period.
Canceling within the trial period will allow members to retain the balance of their membership so content can be accessed until the end of the 30 day/14 day period even if membership has been canceled.
Any special price offers are for new members only and can not be redeemed by existing Member Hub members, both current, canceled and expired unless given permission from The Empowered Educator Online to specifically do so.