REMARKABILITY PTY LTD / LORRAINE MURPHY
1. About the Website
- A. Welcome to lorrainemurphy.com.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various physical products and 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‘).
- B. The Website is operated by Remarkability Australia Pty Ltd (ACN: 615 485 982) t/a Lorraine Murphy (‘Lorraine Murphy’). Access to and use of the Website, or any of its associated Products or Services, is provided by Lorraine Murphy. 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.
- C. Lorraine Murphy reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Lorraine Murphy 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 Lorraine Murphy in the user interface.
3. Registration to use the Purchase Services
- A. When using the Purchase Services, you are given the opportunity to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to) name, e-mail address, password or address.
- B. You warrant that any information you give to Lorraine Murphy in the course of completing the registration process will always be accurate, correct and up to date.
- C. Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms.
- D. You may not use the Purchase Services and may not accept the Terms if:
- (a) you are not of legal age to form a binding contract with Lorraine Murphy; or
- (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
- A. These obligations apply to both Members using the Purchase Services, as well as users with a LM Love Club Membership (‘Love Club Member’). Please see clause 9 for more information about the Love Club.
- B. As a Member or Love Club Member, you agree to comply with the following:
- C. You will use the Purchase Services and Website only for purposes that are permitted by:
- (a) the Terms;
- (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- (c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services or Membership;
- (d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Lorraine Murphy of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- (e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Lorraine Murphy providing the Purchase Services;
- (f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Lorraine Murphy for any illegal or unauthorised use of the Website; and
- (h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
- A. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
- B. Payment of the Purchase Price may be made through direct deposit, credit card or Stripe (the ‘Payment Gateway Providers‘)
- D. Following payment of the Purchase Price being confirmed by Lorraine Murphy, you will be issued with a receipt to confirm that the payment has been received and Lorraine Murphy may record your purchase details for future use.
6. Refunds and Returns
For Online Programs
- A. Lorraine Murphy wants you to be satisfied with your involvement in any online program. Therefore, Lorraine Murphy offers a 30-day refund, no-questions asked, for all online programs. Please e-mail firstname.lastname@example.org for more information.
For Physical Products and Eproducts
- B. Lorraine Murphy 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.
For Event and Workshop Tickets
- C. 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. Lorraine Murphy will communicate with ticket holders directly.
- D. Lorraine Murphy will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event.
- E. With the exception of 6.C above, ticket purchase fees are not refundable in any other circumstances.
- F. Tickets may be transferred to another individual. To do this you must advise Lorraine Murphy of the transfer in writing by email to email@example.com.
7. Delivery of Physical Products
- A. You acknowledge that the Purchase Services offered by Lorraine Murphy integrate delivery (the ‘Delivery Services‘) through the use of third party delivery companies (the ‘Delivery Service Providers‘).
- B. In providing the Purchase Services, Lorraine Murphy 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 Lorraine Murphy is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
- C. In the event that an item is lost or damaged in the course of the Delivery Services, Lorraine Murphy 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 Lorraine Murphy by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
- A. Physical Products and Eproducts
- (a) Lorraine Murphy 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‘).
- B. Services
- (a) Lorraine Murphy will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Lorraine Murphy makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
- (b) 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 Lorraine Murphy, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
9. The LM Love Club Membership
- A. Membership General Terms
- (a) The Lorraine Murphy Love Club Membership (the ‘Love Club Membership’) gives you access to the Membership Services (the ‘Membership Services’) outlined on the Membership Page on the Lorraine Murphy (the ‘Membership Page’) and within these Membership Terms (the ‘Terms’).
- (b) The Membership Services include a range of content, special offers and other benefits available to you via the Lorraine Murphy blog, the Website and direct communication between Lorraine Murphy and you accessible via the membership (‘Membership Site’).
- (c) Lorraine Murphy reserves the right to change the features, content or services related to the Membership without notice to you in order to improve the quality of the Membership offered to you or for any other reason, as its sole discretion.
- B. Registration for Membership
- (a) As part of becoming a member of the LM Love Club, you must register for an account through the Membership Page on the Website (the ‘Account‘).
- (b) Registration is currently open twice a year with timing and frequency subject to change at the discretion of Lorraine Murphy.
- (c) As part of the registration process, or as part of your continued use of the Membership Services, you are required to provide personal information about yourself and your business (such as identification or contact details), including: email address and payment Information.
- (d) You warrant that any information you give to Lorraine Murphy in the course of completing the registration process will always be accurate, correct and up to date.
- (e) Once you have completed the registration process, and your Membership is accepted, you will be a registered member of the Website and agree to be bound by the Terms (a ‘Love Club Member‘).
- (f) Lorraine Murphy will only accept completed applications, and reserves the right to reject an application for any reason.
- (g) If your application is accepted, you will receive a confirmation e-mail on receipt of your completed application and payment.
- (h) You may not use the Services and may not accept the Terms if:
- (i) you are not of legal age to form a binding contract with Lorraine Murphy; or
- (ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- C. Membership Inclusions
- (a) The Membership includes the membership inclusions as set out on the Membership Site, which is updated from time to time.
- (b) All inclusions are subject to change and are offered at the sole discretion of Lorraine Murphy.
- Membership Fees
- (a) The Membership Fee is $39/month or as otherwise stated on the Membership Page.
- (b) 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.
- (c) You agree and acknowledge that Lorraine Murphy can vary the Membership Fee at any time by providing advanced notice to you.
- E. Payment
- (a) Membership Fees are automatically billed on a monthly basis and will charged to the same payment process used in your initial registration, unless otherwise paid in full in advance.
- (b) You can cancel your Membership at any time by following the procedure outlined in clause 9.7.
- (c) All payments made in the course of your use of the Services are made using Stripe. When making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
- (d) You acknowledge and agree that where a request for the payment of the Services Fee 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 Services Fee.
- F. LM Love Club Member Conduct and Obligations
- (a) These obligations are in addition to those listed in clause 4.
- (b) As a Member, you expressly agree that you will not, through any means:
- (i) harm, harass, hassle or abuse other Members; or
- (ii) send un-welcomed communication such as spam to other Members; or
- (iii) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
- (iv) infringe the intellectual property or privacy rights of any Member or any third-party.
- (c) Lorraine Murphy, at its discretion, reserves the right to remove, edit or alter any content created by you, on the membership site or any other related platform.
- (d) Lorraine Murphy retains the right to revoke your Membership or deny you access to the Services at any time.
- G. Cancellation
- (a) You may cancel your Membership by logging in to the website and cancellation will be effective as of the date of expiry of the current payment.
- (b) Once paid, the monthly Membership Fees are non-refundable.
- For Lorraine Murphy – Lorraine Murphy may terminate your Membership for any breach of this Agreement by providing 7 days’ written notice to you by email. At Lorraine Murphy discretion, Lorraine Murphy may allow you to remedy the breach within 3 days’ notice, or another time-frame as Lorraine Murphy nominates, and in being satisfied with the remedy of the breach by you, Lorraine Murphy will not terminate your Membership.
- For You – You may terminate this Agreement for a breach by Lorraine Murphy of this Agreement by providing 7 days’ written notice of the breach to Lorraine Murphy. During the 7 day notice period, Lorraine Murphy reserves the right to remedy the breach. If Lorraine Murphy remedies the breach which was the cause of the notice, the Agreement will not be terminated.
- H. Liability for Membership Services
- (a) You agree that Lorraine Murphy offers the Services with no guarantee of results of any kind. You agree that any results that occur during the delivery of the Services, whether positive or negative for you or your business, are the effects of your choices.
- (b) Lorraine Murphy’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- (c) You expressly understand and agree that Lorraine Murphy, its affiliates, employees, agents, contributors 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.
10. Copyright and Intellectual Property
- A. You acknowledge that the Website, the Purchase Services, Lorraine Murphy’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 Lorraine Murphy or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts or on any other related platform (‘the Content’).
- B. You hereby indemnify and agrees to keep indemnified Lorraine Murphy against all liability, losses or expenses incurred by Lorraine Murphy in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Lorraine Murphy or any third party by you or your agents.
- C. You may not, without the prior written permission of Lorraine Murphy 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.
- D. For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Lorraine Murphy, Lorraine Murphy 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.
12. Information Disclaimer
- A. Any information, advice, content or documentation provided on the Website, through the services, including on the Membership site, social media accounts, 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.
- B. All care is taken in the preparation of the information and published materials on the Website, through the services, including on the membership site, social media accounts, or on any other related platform. Lorraine Murphy does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
- C. To the extent permissible by law, Lorraine Murphy 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, including in the Membership site, social media accounts, or on any other related platform
13. General Disclaimer
- A. You acknowledge that Lorraine Murphy does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- B. Lorraine Murphy 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.
- C. 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.
- D. 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) Lorraine Murphy 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.
- E. Use of the Website, the Purchase Services, and any of the products of Lorraine Murphy is at your own risk. Everything on the Website, the Purchase Services, and the Products of Lorraine Murphy, 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 Lorraine Murphy make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Lorraine Murphy) 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.
14. Limitation of Liability
- A. Lorraine Murphy’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 Lorraine Murphy is the resupply of information or Purchase Services to you.
- B. You expressly understand and agree that Lorraine Murphy, 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.
- C. Lorraine Murphy 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 Lorraine Murphy, by third parties or by any of the Purchase Services offered by Lorraine Murphy.
- A. You agree to indemnify Lorraine Murphy, 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.
16. Dispute Resolution
- A. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- B. Notice:
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- C. Resolution:
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
- (a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- (b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the New South Wales Law Society or his or her nominee;
- (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- (d) The mediation will be held at a location to be agreed between the parties.
- D. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
17. Venue and Jurisdiction
- The Purchase Services offered by Lorraine Murphy 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 New South Wales, Australia.
18. 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.
19. 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.