Purchase Click Wrap Terms and Conditions
Thank You for choosing Dr Kristy Goodwin.
These Terms and Conditions (Terms) are a legally binding contract between you and Dr Kristy Goodwin Pty Ltd, please read them carefully.
By clicking “accept” You agree to these Terms and Conditions.
1. Purchase Services
1.1. The Website, www.drkristygoodwin.com (Website), is operated by Dr Kristy Goodwin Pty Ltd (ACN: 660 922 869) of suite 2, 6-8 Waterloo Street, Narrabeen, New South Wales (Dr Kristy Goodwin).
1.2. Access to and use of the Website, or any of its associated products or services is provided by Dr Kristy Goodwin.
1.3. The Website provides you with an opportunity to browse and purchase and/or download a variety of physical products (Products), free digital resources (Free Resources) and paid digital resources (Eproducts) that have been listed for sale through the Website. The Website additionally offers you the opportunity to browse Dr Kristy Goodwin’s services that use neuroscience and biometric data, using the WHOOP Unite platform, tailored to client needs and requirements, using neuroscience and biometric data to unlock high-res humans. The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
1.4. You have agreed to purchase the Workshops, the Parents Portal or Products through the Website (Your Purchase).
1.5. These Terms and Conditions (Terms) are to be read in conjunction with the payment page (Payment Page) and Your Purchase information page (Information Page) of the Website.
2. Acceptance of the Terms
You accept the Terms by clicking accept or agree.
3. Personal Information
3.1. When purchasing Your Purchase, you will be required to provide personal information such as your full name, password and e-mail address.
3.2. You agree that all details that you have provided in completing the purchase are true and correct.
3.3. Your personal information is kept in accordance with Dr Kristy Goodwin’s Privacy Policy (Privacy Policy) which is available on the Website.
4. Your Purchase
4.1. In using the Purchase Services to purchase the Products and/or Eproducts through the Website, you will agree to the payment of the purchase price listed on the Website (Purchase Price).
4.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
4.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
4.4. Following payment of the Purchase Price being confirmed by Dr Kristy Goodwin, you will be issued with a receipt to confirm that the payment has been received and Dr Kristy Goodwin may record your purchase details for future use.
4.5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
4.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
4.7. You agree that if you default on any payments due and payable under the Terms, any costs incurred by Dr Kristy Goodwin for steps taken to enforce payment terms will be recoverable and payable by you.
4.8. Once payment for an order has been accepted, cancellation is not possible.
5. Delivery of Products and Eproducts
5.1. Dr Kristy Goodwin reserves the right to accept or reject your order for any reason, including if the requested Product or Eproduct is no longer available.
5.2. Eproducts will be provided to you via email following the successful purchase.
5.3. For Products, you acknowledge that the Purchase Services offered by Dr Kristy Goodwin integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).
5.4. If an item is lost or damaged in the course of the Delivery Services, Dr Kristy Goodwin asks that you:
a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
b) contact us by sending an email to support@drkristygoodwin.com outlining in what way the Products were damaged in transit so we can determine if the Delivery Service Provider should be removed from the Purchase Services
6. Product and Eproduct Refunds
6.1. If you have received the incorrect Product or Eproduct, Dr Kristy Goodwin will provide a refund on the return of the Products or Eproduct. To request a refund and organise a return please e-mail support@drkristygoodwin.com with your proof of purchase and photographs of the Product you have received within 5 business days of receiving the Product.
6.2. Dr Kristy Goodwin does not provide refunds for change of mind.
6.3. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the delivery service providers.
6.4. In the following situations, no refund or return will be available.
a) Denied acceptance of delivery by receiver;
b) Inaccurate delivery address;
c) Absent receiver – If a receiver is not home and a calling card is left at the address by the delivery service provider, it is the receiver’s responsibility to contact the delivery service provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Dr Kristy Goodwin for a return fee charged to the initial payment method.
6.5. Dr Kristy Goodwin wants you to be satisfied with your Product. If you have any issues with Dr Kristy Goodwin’s Products, please e-mail support@drkristygoodwin.com
7. Warranty for Products and Eproducts
The Products and Eproducts come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Product or Eproduct, You are entitled to a refund or replacement for major failures. If a failure with the Product does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Product.
8. Liability and waivers
8.1. Liability
Dr Kristy Goodwin ’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.
8.2. Waivers
a) A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
9. Copyright and Intellectual Property Rights
9.1 Intellectual Property Rights
a) You agree that any works, documentation, materials, creative works or information of whatever nature produced or developed by Dr Kristy Goodwin or under Dr Kristy Goodwin’s direction pursuant to or in the course of providing the Products and/or Eproducts will remain the sole and complete property of Dr Kristy Goodwin , whether such property is tangible or is in the nature of industrial and intellectual property rights (including copyright and rights of confidential information).
b) There is no assignment of Intellectual Property Rights by Dr Kristy Goodwin to you pursuant to these Terms.
c) Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.
10. Indemnification
If you breach the copyright of Dr Kristy Goodwin , You agree to indemnify Dr Kristy Goodwin. That means you will pay for any losses suffered by Dr Kristy Goodwin (including reasonable lawyer’s fees) that arise from your breach of copyright in the works, items, materials or information supplied as part of the Services.
11. General Disclaimer
You are solely responsible for creating and implementing your own business, career, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Products and/or Eproducts. As such, you agree that Dr Kristy Goodwin is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Products or Eproducts provided by Dr Kristy Goodwin .
12. Information Disclaimer
12.1. Any information, advice, content or documentation provided through the Products and/or Eproducts, including in any associated blog, podcast, on the Website or on any other related platform do not constitute medical, psychological, career, professional, financial, business or other advice, and are provided for general information and guidance purposes only. Dr Kristy Goodwin suggests that You always seek independent medical advice before adopting any of the brain-based protocols that may be suggested.
12.2. All care is taken in the preparation of the information and published materials in the associated blog, podcast, on the Website or on any other related platform. Dr Kristy Goodwin does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
12.3. To the extent permissible by law, Dr Kristy Goodwin will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the associated blog, podcast, on the Website or on any other related platform.
13. Mailing List Registration
13.1. You may be given the option to register for Dr Kristy Goodwin’s Mailing List (Mailing List).
13.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
a) Email address
b) Name and address
c) Mobile phone number
13.3. If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Dr Kristy Goodwin .
14. Governing Law & Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Workshops, Dr Kristy Goodwin agrees that the exclusive venue for resolving any dispute will be in the courts of Australia, situated in New South Wales.
15. Severance
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
16. Marketing
You agree that any testimonials that may be provided by you from time to time may be used by Dr Kristy Goodwin for marketing purposes.
17. Entire Agreement and Modifications
Both you and Dr Kristy Goodwin confirm and acknowledge that these Terms, Information Page, Payment Page and Website Terms and Conditions of the Website constitute the entire agreement between you and Dr Kristy Goodwin and will supersede and override all previous communications, either oral or written, between the parties.