Digital Products: Terms & Conditions
TERMS OF USE
This writing outlines the intended legal relationship between Becca Francis (the “COMPANY”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of the digital product (the “PROGRAM”) from the COMPANY.
The COMPANY and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.
ACCEPTING THESE TERMS
As the CLIENT, you are entering into a legally binding agreement with the COMPANY, a sole trader registered in Queensland, Australia, according to the following terms and conditions, when you do any of the following:
- Download the PROGRAM provided by the COMPANY,
- Access the PROGRAM provided by the COMPANY,
- Click to complete the offer checkout page provided by the COMPANY,
- Or other reasonable means of accessing or interacting with the PROGRAM provided by the COMPANY.
With this acceptance, the PARTIES agree that any individual, associate, and/or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.
COMPANY’S SERVICES
This AGREEMENT is executed and valid when CLIENT accepts these terms (electronically, verbally, written, or otherwise).
The terms of this AGREEMENT are binding on any additional goods and/or services supplied by the COMPANY to the CLIENT.
PARTIES agree that the PROGRAM is in the nature of Human Design education.
The scope of services provided by COMPANY according to this AGREEMENT is limited to those listed on COMPANY’s website or as part of the PROGRAM. COMPANY reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises, without prior notice.
CONFIDENTIALITY
The term "Confidential Information" means information that is not generally known to the public relating to the CLIENT's business or personal affairs.
COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned through its transactions with CLIENT during discussions, interactions, or otherwise without the written consent of CLIENT.
However, the COMPANY may disclose Confidential Information if it is required by law or if the information is publicly available, except where that is a result of a disclosure in breach of this agreement.
NO TRANSFER OF INTELLECTUAL PROPERTY
COMPANY’s copyrighted and original materials are provided to the CLIENT for his or her INDIVIDUAL USE ONLY and under a limited single-user license.
CLIENT is not authorized to use any of COMPANY’s intellectual property, trademarks, and/or copyrights for any purpose. CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from the COMPANY electronically or otherwise without the prior written consent of the COMPANY.
COMPANY agrees and allows CLIENT to make one (1) printed physical copy of the provided materials for CLIENT’s personal use.
ALL INTELLECTUAL PROPERTY, INCLUDING COMPANY’S COPYRIGHTED COURSE MATERIALS, SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE COMPANY’S MATERIALS IS GRANTED OR IMPLIED.
Upon termination or completion of this AGREEMENT, the CLIENT’s right to use any of the COMPANY’s intellectual property, including course materials, documents, and resources, will automatically be revoked. The CLIENT agrees not to use or repurpose any of the COMPANY’s intellectual property for commercial purposes without prior written consent.
USE OF PROGRAM MATERIALS
By accepting this AGREEMENT, CLIENT consents to recordings being made of the PROGRAM.
COMPANY reserves the right to use, at its sole discretion, the following: PROGRAM materials, videos, audio recordings, and materials submitted by CLIENT (in the context of the PROGRAM), for future lecture, teaching, and marketing materials, and other goods/services provided by COMPANY, without compensation to the CLIENT.
CLIENT consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and other goods/services provided by COMPANY, without compensation to the CLIENT.
USE OF GENETIC MATRIX SOFTWARE
As part of enhancing your experience with the PROGRAM, you may wish to use the Genetic Matrix software in concert with this course. Genetic Matrix offers different levels of plans and pricing, which you can explore here. Please note that links to Genetic Matrix throughout the course are affiliate links, meaning that the COMPANY may receive a percentage as an approved affiliate when you make a purchase through these links.
PROGRAM RULES
To the extent that CLIENT interacts with COMPANY staff and/or other clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. CLIENT agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.
CURRENCY AND PRICING
All prices listed for our products and services, including but not limited to digital products, courses, and programs, are quoted in United States Dollars (USD). It is the CLIENT's responsibility to ensure they understand the currency in which the transaction will take place. Refunds will not be provided under any circumstances due to CLIENT’s misunderstanding or assumption regarding the currency being anything other than USD. By completing the purchase, CLIENT acknowledges that they are aware of and agree to this currency policy.
REFUND POLICY
Given the digital format of our products, refunds are not available for any payments made towards our services, digital products, courses, programs, classes, live events, coaching, or masterminds.
Please note that any sales completed using promotional discounts are considered final. These transactions are not eligible for full or partial refunds, regardless of previous purchases made without discounts.
LIMITATION OF LIABILITY
The COMPANY provides the PROGRAM on an "as-is" basis and makes no warranty or guarantee, express or implied, as to the accuracy, completeness, timeliness, or results of the PROGRAM.
CLIENT accepts any and all risks, foreseeable or unforeseeable, arising from the PROGRAM.
The COMPANY shall not be liable for any errors, interruptions, or delays in the PROGRAM’s provision, and its liability is limited to re-supplying the PROGRAM in case of any breach or error.
Nothing in this AGREEMENT is intended to have the effect of contracting out of any applicable provisions of consumer protection laws, including the Australian Consumer Law (ACL), to the extent they apply to the CLIENT.
INDEMNIFICATION
CLIENT shall defend, indemnify, and hold harmless the COMPANY, its shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur as a result of the CLIENT's participation in the PROGRAM.
This includes, without limitation, claims, damages, judgments, awards, settlements, legal actions, regulatory actions, costs, and attorneys' fees arising directly or indirectly from this AGREEMENT.
DISPUTE RESOLUTION
In the event of a dispute between the COMPANY and CLIENT, the parties agree to first attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved within 14 days of the initial written notice of the dispute, either party may pursue legal remedies in accordance with this agreement.
TERMINATION
The COMPANY reserves the right to immediately terminate this AGREEMENT if the CLIENT engages in misconduct, fails to pay the agreed fees, becomes bankrupt, or engages in illegal or unauthorized activity.
If any behavior such as misconduct, defamation, or negativity is displayed, the COMPANY reserves the right to remove the CLIENT’s access to the PROGRAM.
ENTIRE AGREEMENT
This AGREEMENT represents the entire understanding between the parties and supersedes all prior discussions, agreements, or understandings, oral or written.
Last updated 15 October 2024
