TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to the Joanne Tapodi Creative website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Joanne Tapodi Creative’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Joanne Tapodi Creative and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Joanne Tapodi Creative’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Joanne Tapodi Creative is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Joanne Tapodi Creative’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

PAYMENT

We currently only accept payment by credit/debit card in our online shop, by submitting an order, you also submit your credit card details.

After you are verified as a legitimate cardholder, we submit a request to your credit card issuer to immediately initiate the payment. The payment is automatically performed by the credit card company and charged to your card.

If you choose the payment plan option, you are responsible for all remaining payments unless a refund is requested according to the Returns and Refunds terms outlined below. If you choose to purchase with the payment plan option, Joanne Tapodi Creative retains the right to suspend access to any online course if payments are not made when they are due. If at any time there is a past due payment, access to online course content will be temporarily restricted until the account is current and all past due payment obligations have been met. You must promptly update all billing information (billing address, card number, and expiration date) to keep your account current, complete, and accurate. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. Furthermore, you agree to pay all costs of collection, including debt collection fees and costs, as necessary and reasonable, on any outstanding balance.

DELIVERY OF GOODS

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

Joanne Tapodi Creative handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Digital download products and mini ecourses cannot be returned and are therefore, non-refundable. Please contact us prior to purchase if you have any questions related to this.

eCourse and Online Masterclass Content:

To request a refund, contact us within 30 days of your purchase to set up a call with Joanne Tapodi Creative to discuss your eCourse/Masterclass experience and reasons for refund.

You can participate in the eCourse/Masterclass for up to 30 days. If, within those 30 days, you feel the program is not right for you, we will happily refund the money paid thus far under this Agreement less any external fees and reasonable expenses and costs subject to the following conditions:

In order to qualify for a refund, you must:

  • Submit your refund request via email by no later than 11:59pm AWST on the 30th day from when the eCourse/Masterclass was purchased.

  • Completed at least 50% of the eCourse/Masterclass content and be willing to provide evidence of this. If you sign up and do not plan on beginning the course work immediately, please make sure this is the right investment for you before purchasing, as the refund does have a firm deadline.

  • Be willing to participate in a call with Joanne Tapodi Creative, we want to make sure that we have provided a quality product to our online content participants and will try to assist in any way possible to improve your experience. We will happily refund your money less any fees outlined above after the call.

  • All refunds are within the sole discretion of Joanne Tapodi Creative as to whether to grant or deny the refund request.

 

LINKS TO OTHER WEBSITES

Joanne Tapodi Creative may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Joanne Tapodi Creative and the owners of those websites. Joanne Tapodi Creative takes no responsibility for any of the content found on the linked websites.

Joanne Tapodi Creative’s website may contain information or advertisements provided by third parties for which Joanne Tapodi Creative accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Joanne Tapodi Creative absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Joanne Tapodi Creative gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Joanne Tapodi Creative to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Joanne Tapodi Creative, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Joanne Tapodi Creative’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

Joanne Tapodi Creative may be required, in certain circumstances, to disclose information in good faith and where Joanne Tapodi Creative is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Joanne Tapodi Creative. Joanne Tapodi Creative expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Joanne Tapodi Creative will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Joanne Tapodi Creative reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, graphics, eCourses and digital content. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Joanne Tapodi Creative expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Joanne Tapodi Creative concerning your use and access to Joanne Tapodi Creative’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

CONSULTING, TRAINING, ECOURSES AND DESIGN SERVICES

By engaging the services of Joanne Tapodi Creative, you agree that Joanne Tapodi Creative is not to be held liable for any decisions you make based on any of Joanne Tapodi Creative’s services or guidance; and any consequences, as a result, are your own. Under no circumstances can you hold Joanne Tapodi Creative liable for any actions you take nor can you hold Joanne Tapodi Creative liable for any loss or costs incurred by you as a result of guidance, advice, coaching, training, or materials provided by Joanne Tapodi Creative.

All information on both www.joannetapodicreative.com.au and in consultations is intended to assist you, it is not be construed as business advice and should not substitute professional advice based on your own business or personal circumstances. Results are not guaranteed and Joanne Tapodi Creative takes no responsibility for your actions, choices or decisions; therefore, following any information or recommendations provided by Joanne Tapodi Creative are taken at your own risk.

JURISDICTION

This agreement and this website are subject to the laws of WA and Australia. If there is a dispute between you and Joanne Tapodi Creative that results in litigation then you must submit to the jurisdiction of the courts of WA.

GRAPHIC DESIGN / CONSULTING / TRAINING TERMS & CONDITIONS

Please note that Joanne Tapodi Creative will issue a separate set of General Terms and Conditions in relation to Brand Consultations and Graphic Design Projects (including website design). These terms are typically distributed to the client upon the commencement of a consultation or design project. You may request a copy of these General Terms and Conditions by emailing hello@joannetapodicreative.com.au.