Terms & Conditions
1. Introduction
This website is operated by Caryn Cridland (trading as Conscious Executives) (we, us or our). These Terms of Service (Terms) govern your access to and use of our website and online programs. By placing an order through our site, you accept these Terms in full.
You must be at least 18 years old to use this site or purchase any program.
2. Our Programs
We offer online courses and programs (Programs) as described on our website. When you purchase a Program:
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You are making an offer to purchase at the listed price (inclusive of applicable taxes).
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A binding agreement is formed upon our acceptance of your order, confirmed by email.
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You are responsible for checking all order details, including the selected Program and pricing, before submitting payment.
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Access details are for your personal use only and must not be shared with any third party.
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You must have a suitable device (such as a computer or tablet) and a reliable internet connection to access Program content.
Where a Program is purchased for another individual (Participant), that Participant will receive a unique access code. Access to the Program will be removed upon completion or upon termination of these Terms.
We will use reasonable efforts to ensure Program content is accurate and current, but we do not guarantee that content is comprehensive or free of error. Content may be updated without notice.
3. Fees and Payment
You must pay the purchase price for your selected Program as listed on our website (Price) using one of the payment methods available at checkout.
All online courses and Programs are non-refundable and non-cancellable once payment has been processed.
This no-refund policy applies regardless of whether you have commenced or completed the Program, unless your Consumer Law Rights (see clause 6) require otherwise. We do not store credit card details; all payment information is handled by our third-party payment processor.
4. Acceptable Use
When using our site and Programs, you must not:
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upload or share private information about any individual without their consent, or otherwise breach any person's privacy or legal rights;
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use our site or Programs to harass, defame, threaten or offend any person, or to send unsolicited communications;
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tamper with or modify our site, including by transmitting viruses or other malicious code;
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use automated tools such as data mining, bots, or screen scraping on our site; or
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facilitate or assist any third party to do any of the above.
5. Intellectual Property
All intellectual property in our Programs and website content (including copyright and trademarks) remains owned by us at all times (Our Intellectual Property).
We grant you a limited, personal, non-transferable licence to access and use Our Intellectual Property solely for your own personal development purposes. You must not:
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copy, reproduce, distribute, publish, or broadcast any of Our Intellectual Property to any third party;
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use Our Intellectual Property for any commercial purpose, including in a manner that competes with our business; or
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alter, modify, frame, embed, or create derivative works from any of Our Intellectual Property without our prior written consent.
This clause survives the termination or expiry of these Terms.
6. Consumer Law Rights
Nothing in these Terms is intended to limit any rights you may have under the Australian Consumer Law (ACL) as set out in the Competition and Consumer Act 2010 (Cth) or any other applicable consumer protection legislation that cannot be excluded (Consumer Law Rights).
Subject to your Consumer Law Rights, we exclude all express and implied warranties to the maximum extent permitted by law. Where the ACL applies to you as a consumer, our liability is governed by the ACL and these Terms.
This clause survives the termination or expiry of these Terms.
7. Liability
To the maximum extent permitted by law:
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our aggregate liability to you for any claim arising under or in connection with these Terms is limited to the Price you paid for the Program that is the subject of the relevant claim;
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neither party will be liable for any consequential, indirect or special loss, including loss of profit, revenue, business, goodwill, opportunity, savings, reputation, or data; and
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each party's liability will be reduced proportionately where the relevant loss was caused or contributed to by the acts or omissions of the other party.
You agree to indemnify us against any liability we suffer as a result of your breach of the Intellectual Property clause of these Terms.
This clause survives the termination or expiry of these Terms.
8. Termination
Either party may terminate these Terms immediately by written notice if:
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the other party materially breaches these Terms and fails to remedy that breach within 10 business days of receiving written notice; or
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the other party is unable to pay its debts as they fall due.
We may suspend your access to a Program while we investigate any suspected breach of these Terms.
Upon termination, your access to the Program will be removed. Except where termination is due to our breach, all payments made by you are non-refundable. Where termination is due to our breach, we will refund any prepaid, unused fees on a pro-rata basis.
This clause survives termination or expiry of these Terms.
9. Confidentiality
You must keep confidential all non-public information disclosed to you in connection with these Terms or any Program, and must not use or permit unauthorised use of such information. Disclosure is permitted where required by law or to a professional adviser for the purpose of obtaining legal or financial advice, provided the adviser is bound by equivalent confidentiality obligations.
You indemnify us against any liability arising from your breach of this clause. This clause survives termination or expiry of these Terms.
10. General
Disclaimer of Results
Your success in any Program depends primarily on your own effort, commitment and follow-through. We make no guarantee of any specific outcome or result. You are solely responsible for your results.
Governing Law
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from those courts.
Dispute Resolution
If a dispute arises, either party may issue a written Notice of Dispute. Within 14 days, senior representatives must meet in good faith to attempt resolution. If unresolved, the dispute shall be referred to mediation in accordance with the Law Society of New South Wales mediation process, with costs shared equally. Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief.
Assignment
Neither party may assign its rights or obligations under these Terms without the prior written consent of the other party (not to be unreasonably withheld). We may assign any debt owed by you to a debt collection agency or third party.
Privacy
Each party agrees to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using our site, you agree that we may reference the fact that you are a user of our Programs in our marketing materials, unless you notify us otherwise in writing.
Force Majeure
To the maximum extent permitted by law, we are not liable for any failure or delay caused by circumstances outside our reasonable control.
Severance
If any provision of these Terms is unenforceable, it will be read down as narrowly as necessary to be valid, or severed if it cannot be made valid, without affecting the remaining provisions.
Entire Agreement
These Terms constitute the entire agreement between the parties in respect of their subject matter and supersede all prior discussions, representations, and agreements.
Contact
For any questions or notices under these Terms, please contact us at:
Caryn Cridland | Conscious Executives
Email: team@consciousexecutives.com