1. About the Website
    1. Welcome to www.emmamcqueen.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various physical products, Eproducts as well as services that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
    2. The Website is operated by Emma McQueen Pty Ltd (ACN: 631 996 131) t/a Emma McQueen (‘Emma McQueen’). Access to and use of the Website, or any of its associated Products, are provided by Emma McQueen. 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.
    3. Emma McQueen reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Emma McQueen 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
    1. 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 Emma McQueen in the user interface.
  3. Purchase of Products and Returns Policy
    1. In using the Purchase Services to purchase a Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
    2. Payment of the Purchase Price may be made through the available payment methods (the ‘Payment Gateway Providers’)
    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. Following payment of the Purchase Price being confirmed by Emma McQueen, you will be issued with a receipt to confirm that the payment has been received and Emma McQueen may record your purchase details for future use.
  4. Refunds and Returns
    1. For Physical Products and Eproducts
      1. Emma McQueen does not provide refunds for Physical Products and Eproducts (such as digital resources and Ebooks). We ask that you keep this in mind when making a purchase.
    2. For Event and Workshop Tickets
      1. If an event is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, refunds or partial refunds may be issued. Emma McQueen will communicate with ticket holders directly.
      2. Emma McQueen will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event.
      3. With the exception of 4.3 above, ticket purchase fees are not refundable in any other circumstances.
      4. Tickets may be transferred to another individual. To do this you must advise Emma McQueen of the transfer in writing by email to emma@emmamcqueen.com.au.
  5. Delivery of Physical Products
    1. You acknowledge that the Purchase Services offered by Emma McQueen integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).
    2. In providing the Purchase Services, Emma McQueen may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Emma McQueen is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
    3. In the event that an item is lost or damaged in the course of the Delivery Services, Emma McQueen asks that you:
      1. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
      2. contact Emma McQueen by sending an email to emma@emmamcqueen.com.au outlining in what way the Products were damaged in transit so Emma McQueen is able to determine if the Delivery Service Provider should be removed from the Purchase Services.
  6. Warranty
    1. Physical Products and Eproducts
      1. Emma McQueen’ Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
    2. Services
      1. Emma McQueen will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Emma McQueen makes no warranty that the services will meet Your requirements or that all clients will achieve the same results.
      2. The services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled to cancel Your service contract with Emma McQueen, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
  7. Copyright and Intellectual Property
    1. You acknowledge that the Website, the Purchase Services, Emma McQueen’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Emma McQueen or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (‘the Content’).
    2. You hereby indemnify and agrees to keep indemnified Emma McQueen against all liability, losses or expenses incurred by Emma McQueen in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Emma McQueen or any third party by you or your agents.
    3. You may not, without the prior written permission of Emma McQueen 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.
    4. For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Emma McQueen, Emma McQueen grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
  8. Privacy
    1. Emma McQueen takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Emma McQueen’ Privacy Policy.
  9. Information Disclaimer
    1. Any information, advice, content or documentation provided on the Website, through the services or within Products, social media accounts, podcast, blog or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
    2. All care is taken in the preparation of the information and published materials on the Website, through the services or within Products, social media accounts, podcast, blog, or on any other related platform. Emma McQueen does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
    3. To the extent permissible by law, Emma McQueen 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 on the Website, through the services or within Products, social media accounts, podcast, blog, or on any other related platform.
  10. General Disclaimer
    1. You acknowledge that Emma McQueen does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
    2. Emma McQueen will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
    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.
    4. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
      2. Emma McQueen 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.
    5. Use of the Website, the Purchase Services, and any of the products of Emma McQueen is at your own risk. Everything on the Website, the Purchase Services, and the Products of Emma McQueen, 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 Emma McQueen make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Emma McQueen) 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:
      1. 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;
      2. 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);
      3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
      4. the Content or operation in respect to links which are provided for your convenience;
      5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
      6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  11. User Generated Content
    1. If you choose to contribute any content to the Website or any other platform operated by Emma McQueen, 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’).
    2. By contributing content to the Website, you grant Emma McQueen 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 Emma McQueen.
    3. Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Emma McQueen can use that information with your User Content for advertising and promotional purposes, or any other business purpose.
    4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Emma McQueen 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 Emma McQueen. 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.
    5. Please ensure you keep your own copies of Your Content as Emma McQueen may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
    6. Emma McQueen will endeavour to provide you with an appropriate credit when using Your Content on Emma McQueen platforms, though you understand and agree this may not always be possible.
    7. Emma McQueen 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. Limitation of Liability
    1. Emma McQueen’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 Emma McQueen is the resupply of information or Purchase Services to you.
    2. You expressly understand and agree that Emma McQueen, 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.
    3. Emma McQueen 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 Emma McQueen, by third parties or by any of the Purchase Services offered by Emma McQueen.
  13. Indemnity
    1. You agree to indemnify Emma McQueen, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. 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;
      2. 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
      3. any breach of the Terms.
  14. Venue and Jurisdiction
    1. The Purchase Services offered by Emma McQueen 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 Victoria, Australia.
  15. Governing Law
    1. The Terms are governed by the laws of Victoria, 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 Victoria, 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.
  16. Independent Legal Advice
    1. 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.
  17. Severance
    1. 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.