Online Terms of Purchase for Digital Products
This online platform (Platform) is operated by Caroline Poh & Jeffrey Ng trading as Plain Simple Marketing | ABN 17 466 912 716 (we, our or us). It is available at www.plainsimplemarketing.com (Website) and at any other third party application we choose to use now or in the future (Platform).
Acceptance
By accessing and/or using our Platform, each user of our Platform (you or your) you promise that you:
(a) have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms);
(b) have the consent of your parent or legal guardian (if you are under 18 years of age) to use the Platform;
(c) have the legal capacity to enter into a legally binding agreement with us; and
(d) agree to use the Platform in accordance with these Terms.
Registration
You can browse and view the Platform as an unregistered user, however you may be required to register on the Platform and create an account (Account) to access some features, such as the purchase of goods, services and any other products (Goods).
When do these terms apply?
These Terms apply when you purchase one of our digital products (Content) available for purchase on our Site. You must read and agree to the Terms before you proceed with the purchase of any Content.
Our Contract
When you place an order via our website (Order), you will receive an acknowledgement e-mail confirming receipt of your Order (Acknowledgment). The Acknowledgement is not our acceptance of your Order.
A contract will not be formed between us until we send you confirmation the Content has been dispatched to you by email or other form of digital download (Contract). In the case of audio, text, video or online course content hosted on our Site, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Site.
If you make more than one Order a new contract will be created each time you place an Order.
You agree that you will not copy, reproduce, distribute or use the Content other than as set out in these Terms and that you must not sell, transfer, lease, modify, distribute or publicly perform the Content provided to you by us.
If you breach these Terms we reserve the right to terminate your license to use any Content. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other Content we offer will be subject to another contract.
Privacy and availability
We use our best efforts to try and ensure that all details, descriptions and prices that appear on this Website are accurate, however errors may occur. If we discover an error in the price of any Goods advertised, we will correct the error within a reasonable time.
Delivery costs will be charged in addition to the purchase of Goods at our discretion and depending on your location; such additional charges are clearly displayed where applicable and included in the “Total Cost” at checkout.
Payments
Any payments will be made through our third party payment processor or by any other payment method set out on the Platform. To the extent permitted by law, our service fee is non-cancellable and non-refundable. We reserve the right to set out a number of payment methods on the Platform. Where a Third Party Payment Processer is used, that Payment will be subject to additional terms and conditions (Third Party Terms). Please review any relevant Third Party Terms before using your selected payment method.
We will advise, at the time of the purchase of the currency in which you are required to pay for the Goods in. If you are charged in Australian dollars, Goods and Services Tax (GST) may be added to the price at our discretion.
Delivery of Content to you
The Content will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party platform or downloadable documents or files. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.
Receipt of Goods
You must inspect the Content immediately upon download or receipt and let us know if there is an issue with download. We reserve the right to remove active links for download of content after 24 hours of purchase.
If you fail to give such notice, the Goods must be deemed to be in all respects in accordance with the specified requirements.
No claim must be recognised unless made in writing and received by us within 24 hours after receipt of the Goods by you.
This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply.
Refund and Cancellation Policy
Please choose carefully. Because of the nature of digital products and their immediate availability to you, we do not give refunds if you change your mind or make the wrong decision. Any refund will be at our absolute discretion.
Collection of information
We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform, Site and all of the Content. Your use of our Platform and your use of and access to any Content on the Site does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without our prior written consent or the consent of the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.
User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Discontinuance
We may, at any time and without notice to you, discontinue our Platform or any of the Content, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Consumer Guarantees
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
Limitation on Claims
(a) We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
(b) We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part, including but not limited to where you do not follow appropriate download instructions for the Goods.
(c) Our liability for failure to comply with a consumer guarantee is limited to:
(i) in the case of Goods supplied by us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply); and
(ii) in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
(d) Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
(e) In all other respects, our total liability for loss or damage of every kind, whether:
(i) arising pursuant to the terms of service; or
(ii) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the goods.
(f) Except as otherwise stipulated in these terms, we do not accept liability to you in respect of any indirect or direct loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
(g) Where you have asked us to recommend a product or digital Content for your use, we make such recommendations on the information provided to us by you and will not be liable if the products purchased fail to meet your requirements, particularly where we have not been made aware of the full circumstances of the intended use or your specific situation.
(h) This clause will survive the termination or expiry of these Terms.
Warranty disclaimer
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded.
Indemnity
You agree to at all times indemnify us, and keep us indemnified from and against any loss (including legal costs on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit or action or proceed by any persona against you or us where you such loss or liability arose out of or in connection with your conduct or breach of these terms of use or use of this Website or Platform or any information you provide via this Website or any damage caused to this Website.
Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Disclaimer
We have made a reasonable commercial effort to accurately represent the Content we offer and the likely outcome of using the Content, there is no guarantee that you will achieve the results that you may have expectations of. In this regard, your level of success in using any of the Content offered by us depends on external factors and we are not liable for failure to attain expected results or for any other reason. You acknowledge and agree that you will proceed on this basis.
Further, you warrant that you have not relied on any testimonials published by us as a reliance to purchase the Content and undertake that you will use the Content on that basis and hold us harmless if you do not achieve the results you desire.
General
Entire agreement: The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after any such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: These Terms, and your Order, are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Entire Agreement: These terms constitute the entire agreement between you and us.
For any questions and notices, please contact us at:
Caroline Poh & Jeffrey Ng T/A Plain Simple Marketing | ABN 17 466 912 716
Address: Unit 2/30 Elm Street Hawthorn, VIC 3122, Australia.
Email: carolinepoh@plainsimplemarketing.com
Last update: 8 June 2022