1. About the Website

1.1. Welcome to www.drkristygoodwin.com  (Website). 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). 

1.2. The Website is operated by Dr Kristy Goodwin Pty Ltd (ACN: 660 922 869) (Dr Kristy Goodwin). Access to and use of the Website, any of its associated Products or services, Eproducts and Free Resources, is provided by Dr Kristy Goodwin. Please read these terms and conditions (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.

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.

3. Purchase Policy

3.1. 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). 

3.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).

3.3. 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.

3.4. 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.

3.5. 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.

3.6 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.

3.7. 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 Products and Eproducts 

4.1. 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. 

4.2. Eproducts will be provided to you via email following the successful purchase. 

4.3. 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). 

4.4. 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

5. Product and Eproduct Refunds

5.1. 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. 

5.2. Dr Kristy Goodwin does not provide refunds for change of mind.

5.3. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the delivery service providers.

5.4. 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.

5.5. 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

6. 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.

7. Copyright and Intellectual Property

7.1. The Website, the Purchase Services, Products, Eproducts, podcasts, blogs, Free Resources and all of the related goods and services 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) (Content) are owned or controlled for these purposes and are reserved by Dr Kristy Goodwin or its contributors.

7.2. Dr Kristy Goodwin retains all rights, title and interest in and to the Website, all Purchase Services 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).

7.3. 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.

7.4. You agree that any works, documentation, materials, Products, Eproducts, Free Resources, 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 any material whatsoever 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.

8. Privacy

Dr Kristy Goodwin takes your privacy seriously and any information provided through your use of the Purchase Services are subject to Dr Kristy Goodwin’s Privacy Policy available on the website.

9. General Disclaimer

9.1. You acknowledge that Dr Kristy Goodwin does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than those provided for pursuant to these Terms.

9.2. 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.

9.3. 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.

9.4. 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.

9.5. Use of the Website, Purchase Services, Products, Eproducts, podcasts, blogs, Free Resources and all of the related goods and services 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.

10. Information Disclaimer

10.1. Any information, advice, content or documentation provided through Purchase Services, Products, Eproducts, podcasts, blogs, Free Resources and all of the related goods and services of Dr Kristy Goodwin including in any associated blog article or podcast, on the Website or on any other related platform do not constitute medical, psychological, career, professional, 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. 

10.2. All care is taken in the preparation of the information and published materials by Dr Kristy Goodwin and Dr Kristy Goodwin does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 

10.3. 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 that 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 Purchase Services, Products, Eproducts, podcasts, blogs, Free Resources and all of the related goods and services of Dr Kristy Goodwin on the Website or on any other related platform.

11. User Generated Content

11.1 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).

11.2 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.

11.3. 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. 

11.4. You confirm you own or have the right to use any copyrighted material included in Your Content (including replies to Dr Kristy Goodwin’s 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.

11.5. 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.

11.6. Dr Kristy Goodwin will endeavour to provide you with appropriate credit when using Your Content on Dr Kristy Goodwin’s platforms, though you understand and agree this may not always be possible.

11.7. 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.

12. Mailing List Registration 

12.1. You will be given the option to register for Dr Kristy Goodwin’s Mailing List (Mailing List).

12.2. 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

12.3 If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Dr Kristy Goodwin.

13. Limitation of Liability

13.1. 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.

13.2. You expressly understand and agree that Dr Kristy Goodwin, its affiliates, employees, agents, contributors, third-party content providers and licensors will 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 will 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.

13.3. 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.

14. Indemnity

14.1. 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.

15. 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 will be in the courts of New South Wales, Australia.

16. 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 will be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice. 

18. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed, and the rest of the Terms will remain in force.