Terms of service
Ashley’s Place
WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.ashleysplace.com.au ('Website'). The Website provides you with an opportunity to browse and download digital products that have been made available (the 'Products'), to purchase a variety of online programs, courses, and workshops (‘Courses’), to access and download free content (‘Free Content’) and to subscribe to the subscriptions (‘Subscription’). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by Ashley Gribbin (ABN: 38 970 187 059) t/a Ashley’s Place of Camden, New South Wales (‘Ashley’s Place’). Access to and use of the Website, or any of its associated Products is provided by Ashley’s Place. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Ashley’s Place reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Ashley’s Place 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
By proceeding to use or browse the Website, you warrant and acknowledge that you are over 18 years. You accept the Terms by remaining on the Website.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you may be required 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):
(a) Name
(b) E-mail address
(c) Payment information
(d) Mailing address
(e) Birthday
(f) Telephone number
(g) Password
3.2. You warrant that any information you give to Ashley’s Place in the course of completing the registration process will always be accurate, correct and up to date.
3.3. 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.
3.4. As a Member you will be granted immediate access to the Purchase Services and the member portal (‘Member Portal’) where you will be able to see the details of your transactions and orders.
3.5. 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 Ashley’s Place; 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
4.1. As a Member, you agree to comply with the following:
4.2. You will use the Purchase Services 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;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Ashley’s Place 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 Ashley’s Place 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 Ashley’s Place 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 Policy
5.1. In using the Purchase Services to purchase the Product, Subscription or Course through the Website you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through direct deposit, credit card through the available payment provider (the 'Payment Gateway Providers').
5.3. 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.
5.4. Following payment of the Purchase Price being confirmed by Ashley’s Place, you will be issued with a receipt to confirm that the payment has been received and Ashley’s Place may record your purchase details for future use.
5.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), exclusive amounts.
For Subscriptions and Courses
5.6. You are given the option of paying for the full Purchase Price for the Subscription or Course upfront, or on a monthly basis through a payment plan.
5.7. By purchasing a Subscription or Course through a payment plan, you agree to pay Ashley’s Place the monthly Subscription/Course Fees at the then-current rate, on a monthly basis for the Subscription Term (‘Subscription/Course Fees’).
5.8. Subscription/Course Fees are automatically billed on a monthly basis (‘Monthly Billing Date’) and will be charged to the same payment process used in your initial payment. The Monthly Billing Date is outlined in the Member Portal.
5.9. If you fail to make payment of the Subscription/Course by the Monthly Billing Date, Ashley’s Place may suspend your access to the Subscription or Course.
5.10. You acknowledge and agree that where a request for the payment of the Subscription/Course Fees 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 Subscription or Course.
5.11. You agree that if you default on any payments due and payable under these Terms, any costs incurred by Ashley’s Place for steps taken to enforce payment terms will be recoverable and payable by you.
5.12. Ashley’s Place reserves the right to vary the Subscription and Course inclusions at any time.
6. Cancellations and Refunds
For Products
6.1. Ashley’s Place does not provide refunds for Products. Please keep this in mind when making a purchase.
For Courses
6.2. You must notify Ashley’s Place of an intention to cancel your involvement in a Course as soon as practicable through e-mail to hello@ashleysplace.com.au and abide by the following (‘Cancellation Policy’).
6.3. If you have purchased a Course and wish to terminate your involvement early, the full Course Fee is non-refundable.
6.4. Ashley’s Place may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
6.5. Ashley’s Place will only be required to provide you with a refund of the Fees in the event that Accounted For You is unable to continue to provide the Course (the 'Refund').
For Subscriptions
6.6. Ashley’s Place does not permit change of mind refunds for Subscriptions. For the sake of clarity, Ashley’s Place will not be liable for any dislike of Products or your change of mind regarding the subscription model once you have paid for the Subscription.
6.7. If you are unsure about committing to the Subscription model, Ashley’s Place recommends that you purchase a Product on a one-off basis before making your purchase.
6.8. Ashley’s Place reserves the right to discontinue or cancel your Subscription at any time and may suspend or deny the Subscription model at any time at its sole discretion.
7. Delivery and Licence Information
For Products
7.1. Once you have purchased access to the Product, or if relevant provided your e-mail address for a free download, you will receive an e-mail with a link to download the Product.
For Courses
7.2. To participate in a Course offered through the Website, you must first become a Member by registering for an Account as per clause 3. Following purchase, the Course will appear in your Member Portal.
7.3. When you purchase participation in a Course through the Website, Accounted For You grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment, or other materials for your specific, non-commercial use only (the ‘Licence’).
7.4. The Licence is valid for the life of the Course (‘Licence Term’). This means the Course will be viewable via the download link for the life of the Course. After this time the Course will expire, and you will no longer be able to access the Course.
7.5. The Course is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.
8. Gift Cards
8.1. Gift Cards can be purchased from the Website and are administered by Shopify (the ‘Gift Card Service Provider’). In Purchasing a Gift Card, 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 Gift Card Service Provider.
8.2. Gift Cards are redeemable within 36 months of the date of purchase unless otherwise stated.
8.3. Gift Cards can be used to purchase nominated Products for sale on the Website unless specified by Ashley’s Place.
8.4. Gift Cards are not refundable.
9. Warranty
9.1. Ashley’s Place makes no warranty that a Product, Course or Subscription will meet your requirements or that all participants will achieve the same results.
9.2. The Products, Courses and Subscriptions come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Products, Courses or Subscriptions, you are entitled to cancel your contract with Ashley’s Place and are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
10. Information and Product Disclaimer
10.1. Any information provided to you by Ashley’s Place regarding the use of any Product, Free Content, Subscription or Course is for educational purposes only. It is your sole responsibility to determine the appropriateness of the and information contained in the Product, Free Content, Subscription or Course for any particular use or purpose.
10.2. Ashley’s Place makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Product, Free Content, Subscription or Course and takes no responsibility for any results obtained when using the Product, Free Content, Subscription or Course.
10.3. Ashley’s Place will not be liable for any damage, loss or any result based on your use of Ashley’s Place’s Products, Free Content, Subscriptions or Courses.
11. Copyright and Intellectual Property
11.1. The Website, the Purchase Services and all of the related products of Ashley’s Place and Free Content are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Ashley’s Place or its contributors.
11.2. Ashley’s Place retains all rights, title, and interest in and to the Website and all related content, including Free Content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Ashley’s Place; or
(b) the right to use or exploit a business name, trading name, domain name, trademark, 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).
11.3. You may not, without the prior written permission of Ashley’s Place 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.
12. Privacy
Ashley’s Place takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Ashley’s Place’ Privacy Policy found on the Website.
13. User Generated Content
13.1. If you choose to contribute any content to the Website or any other platform operated by Ashley’s Place, 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’).
13.2. By contributing content to the Website, you grant Ashley’s Place 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 Ashley’s Place.
13.3. Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Ashley’s Place can use that information with Your Content for advertising and promotional purposes, or any other business purpose.
13.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Ashley’s Place 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 Ashley’s Place. 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.
13.5. Please ensure you keep your own copies of Your Content as Ashley’s Place may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
13.6. Ashley’s Place will endeavour to provide you with an appropriate credit when using Your Content on Ashley’s Place platforms, though you understand and agree this may not always be possible.
13.7. Ashley’s Place 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.
14. Mailing List
14.1. You will be given the option to register for the Ashley’s Place Mailing List (the 'Mailing List').
14.2. 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
(a) Name
(a) Name
14.3. If you choose to register for the Mailing List, you agree to receive promotional material, updates, and other content from Ashley’s Place.
15. Force Majeure
15.1. If circumstances beyond Ashley’s Place’s control prevent or hinder its provision of the Products, Ashley’s Place is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Ashley’s Place may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
15.2. Circumstances beyond Ashley’s Place’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
16. Affiliate Link Disclosure
16.1. Ashley’s Place may receive compensation for recommendations made in reference to the products or services on the Website.
16.2. This compensation may be in the form of money, services, products, discounts, or special access and could exist without any action from a Website visitor. Should you purchase a product or service that was recommended and/or linked on the Website, it is understood that some form of compensation may be made to Ashley’s Place by the owners of that product or service.
17. General Disclaimer
17.1. You acknowledge that Ashley’s Place does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products or Free Content other than provided for pursuant to these Terms.
17.2. Ashley’s Place 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.
17.3. 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.
17.4. 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) Ashley’s Place 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.
17.5. Use of the Website, the Purchase Services, and any of the products of Ashley’s Place is at your own risk. Everything on the Website, the Purchase Services, and the Products of Ashley’s Place, 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 Ashley’s Place make any express or implied representation or warranty about its Content, or any products or Purchase Services (including the products or Purchase Services of Ashley’s Place) 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.
18. Limitation of Liability
18.1. Ashley’s Place’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 Ashley’s Place is the resupply of information or Purchase Services to you.
18.2. You expressly understand and agree that Ashley’s Place, 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.
18.3. Ashley’s Place 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 Ashley’s Place, by third parties or by any of the Purchase Services offered by Ashley’s Place.
19. Termination of Contract
19.1. The Terms will continue to apply until terminated by either you or by Ashley’s Place as set out below.
19.2. If you want to terminate the Terms, you may do so by:
(a) notifying Ashley’s Place at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where Ashley’s Place has made this option available to you.
19.3. Your notice should be sent in writing to Ashley’s Place via e-mail to hello@ashleysplace.com.au.
19.4. Ashley’s Place may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Ashley’s Place is required to do so by law;
(c) a partner with whom Ashley’s Place offered the Purchase Services to you has terminated its relationship with Ashley’s Place or ceased to offer the Purchase Services to you;
(d) Ashley’s Place is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by Ashley’s Place is, in the opinion of Ashley’s Place, no longer commercially viable.
19.5. Subject to local applicable laws, Ashley’s Place reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Ashley’s Place’ name or reputation or violates the rights of those of another party.
19.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Ashley’s Place have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
20. Indemnity
20.1. You agree to indemnify Ashley’s Place, 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.
21. Dispute Resolution
21.1. 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).
21.2. 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.
21.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(d) 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;
(e) 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 Victoria Law Society or his or her nominee;
(f) 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;
(g) The mediation will be held at a location to be agreed between the parties.
21.4. 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.
22. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
23. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
24. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
25. Severance
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.