1. About the Website
1.1 Welcome to www.drkristygoodwin.com (the 'Website'). The Website provides you with an opportunity to browse and purchase a variety of self-paced online webinars, masterclasses, video seminars (‘Workshops’), an online parents portal (Parents Portal) and physical products (‘Products’) that have been listed for sale through the Website as well as download free Eproducts and digital resources (Free Resources). The Website additionally offers you the opportunity to browse Dr Kristy Goodwin’s services. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2 The Website is operated by Dr Kristy Goodwin Pty Ltd (ACN: 660 922 869) (‘Dr Kristy Goodwin’). Access to and use of the Website, or any of its associated Products or services, is provided by Dr Kristy Goodwin. 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 Services, immediately.
1.3 Dr Kristy Goodwin reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Dr Kristy Goodwin updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Dr Kristy Goodwin in the user interface.
3. Purchase Policy
1.1 In using the Purchase Services to purchase the Workshops and Products through the Website, you will agree to the payment of the purchase price listed on the Website (the 'Purchase Price').
1.2 Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the 'Payment Gateway Providers').
1.4 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.
1.5 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.
1.6 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.
1.7 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. Delivery of Workshops and License Information
1.8 Each Workshop purchase grants to you access to the Workshop through the available platform used from time to time (the ‘Member Portal’).
1.9 When you purchase a Workshop through the Website, Dr Kristy Goodwin grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Workshop and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘License’).
1.10 The Licence is valid for the life of the Workshop purchase (‘License Term’). This means the Workshop will be viewable via the Member Poral for as long as it exists. Should Dr Kristy Goodwin choose to cease the Workshop, You will no longer be able to access it.
1.11 The Workshops are intended for use in a single household within the License Term only. Sharing of Your License is prohibited. This includes the sharing of any supplemental Workshop materials, digital resources, and access to any other aspect of the Workshop.
5. Workshop Refunds
The Workshops are non-refundable.
6. Warranty for the Workshops
1.12 Dr Kristy Goodwin makes no warranty that the Workshops will meet your requirements or that all participants will achieve the same results.
1.13 The Workshops come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a Workshop, you are entitled to cancel your contract with Dr Kristy Goodwin and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
7. Workshop Disclaimer
You are solely responsible for creating and implementing Your own mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Workshops and interactions with Dr Kristy Goodwin. 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 any Workshops provided by Dr Kristy Goodwin.
8. Delivery of the Parents Portal and License Information
1.14 Each purchase of the Parents Portal grants to you access to the Parents Portal through the available platforms used from time to time (the ‘Parents Portal’).
1.15 When you purchase the Parents Portal through the Website, Dr Kristy Goodwin grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific resources and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘License’).
1.16 The License is valid for the life of the Parents Portal (‘License Term’). This means the Parents Portal will be viewable for as long as it exists. Should Dr Kristy Goodwin choose to cease the Parents Portal, You will no longer be able to access it.
1.17 The Parents Portal is intended for use in a single household within the License Term only. Sharing of your License is prohibited. This includes the sharing of any supplemental program materials, digital resources, and access to any other aspect of the Parents Portal.
9. The Parents Portal Refunds
There are no refunds for the Parents Portal.
10. Warranty for the Parents Portal
1.18 Dr Kristy Goodwin makes no warranty that the Parents Portal will meet your requirements or that all participants will achieve the same results.
1.19 The Parents Portal comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the program, you are entitled to cancel your contract with Dr Kristy Goodwin and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
2. The Parents Portal Disclaimer
You are solely responsible for creating and implementing Your own mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Parents Portal and interactions with Dr Kristy Goodwin. 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 Parents Portal provided by Dr Kristy Goodwin.
11. Delivery of Products
11.1 Dr Kristy Goodwin reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
11.2 You acknowledge that the Purchase Services offered by Dr Kristy Goodwin integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
11.3 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 firstname.lastname@example.org 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
12. Product Refunds
12.1 If you have received the incorrect Product, Dr Kristy Goodwin will provide a refund on the return of the Products. To request a refund and organise a return please e-mail email@example.com with your proof of purchase and photographs of the Product you have received within 5 business days of receiving the Product.
12.2 Dr Kristy Goodwin does not provide refunds for change of mind.
12.3 Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the delivery service providers.
12.4 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.
(d) 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 firstname.lastname@example.org
13. Warranty for Products
The Products come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Product, You are entitled to choose 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.
14. Copyright and Intellectual Property
1.1 The Website, the Purchase Services, podcast, blog, Free Resources and all of the related Products of Dr Kristy Goodwin 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Dr Kristy Goodwin or its contributors.
1.2 Dr Kristy Goodwin retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Dr Kristy Goodwin; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
1.3 You may not, without the prior written permission of Dr Kristy Goodwin 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 Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
1.4 You agree that any works, documentation, materials, Workshop content, the Parents Portal, Products, Free Resources, creative works or information of whatever nature produced or developed by Dr Kristy Goodwin or under Dr Kristy Goodwin ' direction pursuant to or in the course of providing the Workshop or the Program 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). There is no assignment of Intellectual Property Rights by Dr Kristy Goodwin to you pursuant to these Terms. Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.
16. General Disclaimer
1.1 You acknowledge that Dr Kristy Goodwin does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
1.2 Product descriptions posted on Dr Kristy Goodwin’s Product pages are used as an indication of the services rather than an actual representation. Dr Kristy Goodwin accepts no responsibility for inaccurate information supplied to it.
(a) The website may contain technical inaccuracies or typographical errors or omissions. Dr Kristy Goodwin is not responsible for typographical, pricing, product information or advertising.
(b) Advertised prices and availability are subject to change without notice. Dr Kristy Goodwin reserves the right to make changes, corrections and/or improvements to the Website, and to the Products and services described in such information, at any time without notice.
1.3 Nothing in these 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.
1.4 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 these Terms are excluded; and
(b) Dr Kristy Goodwin 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
1.5 Use of the Website, the Purchase Services, the podcast, the blog, the Free Resources and any of the Products of Dr Kristy Goodwin is at your own risk. Everything on the Website, the Purchase Services, the podcast, the blog and the Products of Dr Kristy Goodwin, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Dr Kristy Goodwin make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Dr Kristy Goodwin) 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 Purchase Service, or any of its Content related Products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
17. Information Disclaimer
17.1 Any information, advice, content or documentation provided through the Workshops, the Parents Portal, the Products or the Free Resources including in any associated blog article or podcast, on the Website or on any other related platform do not constitute psychological, career, professional, business or other advice, and are provided for general information and guidance purposes only.
17.2 All care is taken in the preparation of the information and published materials in any of the Workshops, the Parents Portal, Products, Free Resources, associated blog article or 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.
17.3 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 any of the Workshops, the Parents Portal, Products, Free Resources, associated blog article or podcast, on the Website or on any other related platform.
18. User Generated Content
18.1 If you choose to contribute any content to the Website or any other platform operated by Dr Kristy Goodwin, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
18.2 By contributing content to the Website, you grant Dr Kristy Goodwin a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Dr Kristy Goodwin.
18.3 Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Dr Kristy Goodwin can use that information with Your Content for advertising and promotional purposes, or any other business purpose.
18.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Dr Kristy Goodwin social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Dr Kristy Goodwin. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
18.5 Please ensure you keep your own copies of Your Content as Dr Kristy Goodwin may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
18.6 Dr Kristy Goodwin will endeavour to provide you with an appropriate credit when using Your Content on Dr Kristy Goodwin platforms, though you understand and agree this may not always be possible.
18.7 Dr Kristy Goodwin reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
19. Mailing List Registration
19.1 You will be given the option to register for Dr Kristy Goodwin Mailing List (the 'Mailing List').
19.2 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 telephone number
19.3 If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Dr Kristy Goodwin.
20. Limitation of Liability
1.1 Dr Kristy Goodwin's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Dr Kristy Goodwin is the resupply of information or Purchase Services to you.
1.2 You expressly understand and agree that Dr Kristy Goodwin, its affiliates, employees, agents, contributors, third party content providers 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.
1.3 Dr Kristy Goodwin is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Dr Kristy Goodwin, by third parties or by any of the Purchase Services offered by Dr Kristy Goodwin.
1.1 You agree to indemnify Dr Kristy Goodwin, 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 any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
22. Venue and Jurisdiction
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.
23. 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.
24. 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.
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.