1. About the Website
1.1. Welcome to www.susikurteff.com (the ‘Website’). The Website facilitates interactions between:
(a) People looking for health and lifestyle solutions (the ‘Receiver’); and
(b) Susanne Kurteff (the ‘Provider’), making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the‘Services’).
1.2. The Website is operated by Susanne Kurteff (ABN 17 357 711 470). Access to and use of the Website, or any of its associated products or Services, is provided by Susanne Kurteff. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
1.3. Susanne Kurteff reserves the right to review and change any of the Terms by updating this page at her sole discretion. When Susanne Kurteff updates the Terms, she will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. ACCEPTANCE OF THE TERMS
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Susanne Kurteff in the user interface.
3. THE SERVICES
3.1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the ‘Account’).
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
(b) preferred username
(c) a mailing address
(d) a telephone number
(e) a password
3.3. You warrant that any information you give to Susanne Kurteff in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Susanne Kurteff; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. YOUR OBLIGATIONS AS A MEMBER
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password (if provided) by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Susanne Kurteff of any unauthorised use of your password (if provided) or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password (if provided) of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Susanne Kurteff;
(j) you will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Susanne Kurteff for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. USING THE WEBSITE AS THE RECEIVER
5.1. The receiver, once a registered member, will have access to the information available via the website and have access to any latest news and information.
5.2 The receiver may unsubscribe at any time.
6. USING THE WEBSITE AS THE PROVIDER
6.1. The provider will create access to an individual user account for the receiver, once financial, to access the membership site when applicable.
7. PAYMENT
7.1. Should payment be required, then by Susanne Kurteff offering the Services to you, you agree that:
(a) The receiver will provide the Provider, details to process payment, either via telephone or secure shopping cart. Once payment is processed, access to the membership site will be provided
7.2. All payments made in the course of your use of the Services are made using Electronic Funds Transfer or BPay. When making any payment via PayPal in relation to your use of the Website and the Services, you warrant that you have read, understood and agree to be bound by the PayPal terms and conditions which are available on their website.
8. REFUND POLICY
8.1. A refund will be available up to seven days from any financial purchase directly from this website. This policy will be entered into on an individual basis and it will be understood that the Receiver has agreed to be bound by these Terms and Conditions. The Receiver assumes full responsibility for the implications of the decision to purchase directly from this website.
8.2. Since PayPal is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Susanne Kurteff do not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
8.3. Notwithstanding the above Clauses, if a Receiver is unsatisfied with the Services provided by the Provider or believes that they may be entitled to a refund, then Susanne Kurteff require the Receiver to:
(a) contact the Provider directly to request a refund; and
(b) if contacting the Provider is not successful after fourteen (14) days, contact Susanne Kurteff through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Receiver should be removed from the Services.
8.4. If contacted by a Receiver who is requesting a refund pursuant to the above Clause, the Provider agrees that they will immediately:
(a) complete the Receiver refund request form (the ‘Request Form’) provided on the Website; and
(b) provide both the Request Form and the email from the Receiver requesting the refund to Susanne Kurteff.
8.5. If the Provider agrees to a refund it is acknowledged that the Provider will instruct Susanne Kurteff to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by Susanne Kurteff in processing the refund.
8.6. Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
9. COPYRIGHT & INTELLECTUAL PROPERTY
9.1. The Website, the Services and all of the related products of Susanne Kurteff are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Susanne Kurteff or its contributors.
9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Susanne Kurteff, who grants to you a worldwide, non-exclusive, royaltyfree, revocable license whilst you are (when applicable) a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. Susanne Kurteff does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Susanne Kurteff.
9.3. Susanne Kurteff retains all rights, title and interest in and to the Website. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
9.4. You may not, without the prior written permission of Susanne Kurteff and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
10. PRIVACY
Susi Kurteff takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Susanne Kurteff’s Privacy Policy, which is available on the Website.
11. GENERAL DISCLAIMER
11.1. Services and information recommended and/or provided by Susanne Kurteff in the delivery of her Services or Website Material and by all other means is for general purposes only and designed to help you make informed decisions about your health and lifestyle choices. It is not intended to substitute advice from your physician or health care professional.
11.2. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.3. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Susanne Kurteff will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to
statute or otherwise.
11.4. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Susanne Kurteff make any express
or implied representation or warranty about the Services or any products or Services (including the Services of Susanne Kurteff) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services of Susanne Kurteff; and
(d) the Services or operation in respect to links which are provided for your convenience.
11.5. You acknowledge that Susanne Kurteff Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services.
12. LIMITATION OF LIABILITY
12.1. Susanne Kurteff’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2. You expressly understand and agree that Susanne Kurteff, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible loss.
13. TERMINATION OF CONTRACT
13.1. If you want to terminate the Terms, you may do so by providing Susanne Kurteff with 7 days’ notice of your intention to terminate by sending notice of your intention to terminate to Susanne Kurteff via the ‘Let’s Connect’ link on my homepage.
13.2. Susanne Kurteff may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Susanne Kurteff is required to do so by law;
(c) Susanne Kurteff is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Susanne Kurteff is, in the opinion of Susanne Kurteff, no longer commercially viable.
13.3. Subject to local applicable laws, Susanne Kurteff reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Susanne Kurteff’s name or reputation or violates the rights of those
of another party.
13.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Susanne Kurteff have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14. INDEMNITY
14.1. You agree to indemnify Susanne Kurteff, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
15. DISPUTE RESOLUTION
15.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
15.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
15.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be
appointed by the President of the Department of Fair Trade or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in New South Wales, Australia.
15.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. VENUE AND JURISDICTION
The Services offered by Susanne Kurteff is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17. GOVERNING LAW
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of
this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. INDEPENDENT LEGAL ADVICE
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
19. SEVERANCE
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
