TERMS & CONDITIONS OF USE


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy and Website Disclaimer, govern MichelleHarpas.com’s relationship with you and your use of this website.

The following Terms and Conditions are entered into by and between You and MichelleHarpas.com (the “Website”, “Company”, “we”, or “us”).

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to MichelleHarpas.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions”), governs your access to and use of all information on the Website including any content, functionality, purchase of our products and services offered on or through www.michelleharpas.com, whether as a guest or a registered user is provided subject to the following terms and conditions.

If you do not want to agree to these Terms and Conditions including the agreements incorporated by reference herein, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.


GENERAL

To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.


YOUR PRIVACY

At MichelleHarpas.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.  Your agreement to the Privacy Policy is hereby incorporated into these Terms and Conditions.

You may change your details at any time by advising us in writing via email to [email protected]. All information we receive from our customers, is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data we collect is secured against unauthorized use or access. Credit card information is not stored by us on our servers

Third Parties

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

Disclose Your Information

We may be required, in certain circumstances, to disclose information in good faith and where MichelleHarpas.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.


DISCLAIMER FOR INFORMATION, MATERIAL AND SERVICES

Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms and Conditions.

The information and materials, images, messages, prints, e-books, digital or other materials (‘Materials’) produced or provided by Michelle Harpas or MichelleHarpas.com, on or through this website, are for general information purposes only and are not to be relied upon for any purpose.

Any wording on any Materials, including but not limited to spiritual messages or spiritual information, affirmations, relationships, trends or other information (‘Information’) is not intended as personal advice and not a substitute for personal advice from an appropriate professional.

We are at no time responsible for any reliance you may place or any action you may take based on our information, Materials or by using our Goods.  You take full responsibility and risk for making any decision based on Information on our website or in our Materials. We, at no time, seek to disclaim liability for any statutory rights you may be entitled to pursuant to the Australian Consumer Law (‘ACL’).

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

‘Services’ includes any coaching, programs, courses, digital materials, sessions, events, workshops, and all goods and services that may be accessed on or through our website from time to time.


SITE ACCESS

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms and Conditions and for personal use.

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.


REGISTERED AND UNREGISTERED USERS

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. On registration you agree to pay for our services as set out on our website.

We reserve the right to disable and/or terminate any registration, user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.


OUR WEBSITE SERVICES

‘Services’ includes any coaching, programs, courses, digital materials, sessions, events, workshops, and all goods and services that may be accessed on or through our website from time to time. You understand and agree that the Services may include certain communications from the Company, such as service announcements and administrative messages.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.


REFUNDS

We offer a cooling off period 7 days prior to commencement of any Service for a full refund. If you have commenced any Service, we offer a refund less an administration fee after the first session only. All refunds must abide by our refund procedure and any other refund is in our sole discretion.

We try to ensure our Services are provided with due care and skill, and at all times abide by the Australian Consumer Protection legislation with respect to all refunds for any Goods or Services.

 

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law (ACL), in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), MichelleHarpas.com’s liability for any breach of a term of these terms is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of our services which cannot be excluded, restricted or modified, including but not limited to the ACL. At no time are these statutory rights sought to be excluded.

It is an essential pre-condition to you using our website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

You must be over 18 years of age to use this website and to engage or use any of our Services.


HYPERLINKS

MichelleHarpas.com may from time to time provide on the website, links to other websites, advertisements, wellness, spiritual and general information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between MichelleHarpas.com and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

Our Website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

You are free to establish a hypertext link to the Website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Michelle Harpas or MichelleHarpas.com. However, you may not frame any of the content of the Website without the prior written permission of Michelle Harpas.


INTELLECTUAL PROPERTY RIGHTS

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.


FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. ​ The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.


ACCURACY AND PERSONAL RESPONSIBILITY

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.


NO GUARANTEES AS TO RESULTS

​As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.


EMAIL, SOCIAL MEDIA AND OTHER ELECTRONIC COMMUNICATIONS

Visiting the Website, sending emails, and/or direct messages via any social media platform to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, social media platforms and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.


BLOG DISCLAIMER

Our recommendations and information provided in our articles, blog and on this website is intended to be educational and informative only and is based on our own experience and views. While we try our best to ensure that the information is accurate, sometimes it may not be suitable or correct for your particular circumstances or the products or services you may choose to purchase and use.

Any comments, guidance, or information on this website is our own view and based on our experience. We hope you find it helpful but please be aware that it may not be suitable for your situation and you should not take anything on this website as personal advice. This information is offered in good faith and it is not specific to any one person or any personal circumstance.

We hope you understand that for this reason, we are not to be held liable for any decisions you make based on any of our services, guidance, information, views, or recommendations and any consequences, as a result, are your own.


USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections, the Company’s social media accounts and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.


MATERIALS PROVIDED TO THE WEBSITE

The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


USE OF TEMPLATES AND FORMS

The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.


USE OF PAID COURSES, PROGRAMS, EVENTS, WORKSHOPS, CIRCLES, RETREATS, AND ASSOCIATED MATERIALS

The Company provides various courses, programs, events, workshops, circle gatherings and associated materials for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.


USE OF FREE DOWNLOADABLE CONTENT

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.


REFUNDS

We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the program(s). You must also demonstrate that you have attempted to implement the program without success. To meet this requirement, you must submit the work outlined in the terms and conditions for the program you are requesting a cancellation/refund for.

Path to Purpose: Please click here to review the program terms and conditions.

Untame & Rewild coaching series: Please click here to review the program terms and conditions.

Unleash & Expand coaching series: Please click here to review the program terms and conditions.

Upon determining that you are entitled to a cancellation/refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through the terms and conditions, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds must abide by our refund procedure and any other refund is in our sole discretion.

We try to ensure our Services are provided with due care and skill, and at all times abide by the Australian Consumer Protection legislation with respect to all refunds for any Goods or Services.


GUESTS 

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any podcast, interview on other platform, guest blog post, or other medium offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.


CANCELLATION OF SUBSCRIPTION

Certain of the Company’s products and services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by emailing [email protected].

Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.

 

INTERNATIONAL USERS

The Service is controlled, operated and administered by the Company from our offices within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


INDEMNITY

By accessing our website, you agree to indemnify, defend, and hold harmless the Company, its officers, owners, directors, affiliates, employees, representatives, agents, third parties, and their successors (collectively, the Indemnified Parties) for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of or caused by or in connection with, your participation in or use of or inability to use the Website or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You also agree to indemnify and hold the Indemnified Parties harmless from any liability or damages resulting from the use of Content provided through the Services or on the Website, regardless of whether such information was provided by the Company or a third party. This means that no participant can sue to hold the Indemnified Parties responsible for any injury, loss, or damage sustained by the you and other parties, or to your (or others’) property in connection with your participation, even if it is due to the negligence, injudicious act, omission, or other fault of Indemnified Parties. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.


DISPUTE RESOLUTION

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Adelaide, South Australia, Australia.


TERMINATION AND ACCESS RESTRICTION 

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms and Conditions pursuant to the Dispute Resolution Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.


EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of MichelleHarpas.com. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.


COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.


WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and MichelleHarpas.com concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.


EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Force Majeure

If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.


AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.


JURISDICTION

This agreement and this website are subject to the laws of South Australia and Australia. If there is a dispute between you and MichelleHarpas.com that results in litigation then you must submit to the exclusive jurisdiction of the courts of South Australia.

 

CONTACT US

The Company welcomes your questions or comments regarding the Terms:

Michelle Harpas

19 Calstock Avenue,

Edwardstown, SA 5039

Australia

Email Address: [email protected]

Effective as of 15th December, 2021