Terms of Purchase
Sharyn Swan Sole trader ABN 34688312965 – TERMS OF PURCHASE
1. Contract & Intellectual Property and Copyright
1.1 When you purchase audio or video content from us, we grant you a licence (which is limited, revocable, non-exclusive, non-transferable) to listen to, or stream such content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the content other than as set out in this contract. You must not sell, transfer, lease, modify, distribute or publicly perform the content in any manner and you must not exploit it commercially. You agree to not tamper with the content or create any derivative works therefrom.
1.2 We may terminate your license to use any purchased products if you breach this contract.
1.3 All courses, workshops, events, VIP days, one to one coaching sessions delivered by Sharyn Swan, The Dot Connector - are subject to the terms of purchases/sales outlined on this page.Inclusions of The SMASH Programme are outlined on the sales page HERE. The CoGrow Workshops inclusions are outlined on the Sales and Booking page HERE
2.1 You may request to make payment by instalments. If you and we agree that you may make payments by instalments you must pay all instalments on or before each due date.
2.2 The due date for each instalment is 30 days after purchase and payment of the first instalment, and 30 days after each previous instalment.
2.3 Instalments that decline could be subject to an administration fee levied plus any fees charged by Paypal.
2.4 You are held accountable to complete the instalment programme. Failure to do so, will result in administration fees being applied, in addition to costs for legal and debt recovery and any additional Paypal or bank fees. No further supply of course contents or relevant inclusions of the Package will be delivered.
2.5 All goods sold by us are charged in either Australian(AUD) with GST applied or United States Dollars (USD)
3. The Australian Consumer Law and limitation of liability
3.1 For the avoidance of doubt, nothing in this contract limits or restricts your ability to make a claim against us that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
3.2 Subject to paragraph 4.4 and to the extent permitted by the Australian Consumer Law and relevant state legislation, our sole obligation under this contract is to use our best endeavours to provide the products or to repair the products or repair or replace any part of a product which is found to be defective during one year after purchase. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3.3 When you acquire goods or services from us, Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the full extent permitted by law:
(a) under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the products you purchase from us;
(b) we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom;
(c) in no event shall we be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
3.4 If the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation we limit our liability to payment of an amount equal to the lowest of:
(a) the cost of replacing the goods or services or supplying equivalent goods or services;
(b) the cost of repair of the goods;
(c) the cost of having the goods repaired or replaced.
3.5 Subject to paragraph 4.4 we are not liable for default or failure in performance of our obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond our reasonable control.
3.6 Subject to paragraph 4.4, we are not responsible for any loss caused by an error or defect in the products or errors or faults caused by components supplied by any other person.
4. Refunds & Cancellation
4.1 14 Day Refund
You may be entitled to a refund as a result of your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
One to One Coaching there is no refund on sessions held.
There is a 14Day money back guarantee on The SMASH Programme. If you have activated and implemented each of the first three modules of a paid course and don’t believe the content to meet your satisfaction.
4.2 Refund of Single Payment outside of the 14 day period - due to lack of satisfaction of the content. You will need to provide evidence of your effort into each module, completion of worksheets and participation in our Community Facebook Group. The nature of the programme is one that builds on stages of learning and time taken to prioritise and apply into action. In any application for refund an administration fee. Paypal fees will not be reimbursed.
4.2 Change of Mind - Cancellation does not warrant as a valid reason to discontinue your time on a programme
4.3 Extending Circumstances - should there be a crisis situation that would prevent you from completing the programme over the one year access, you can make an application for cancellation for further instalments payments, If this is granted there could be a administration fee levied. Paypal fees will not be reimbursed.
4.4 If you receive your money back you must delete every copy of the product that you have downloaded as well as copies you have placed on other devices or media. Your access is terminated immediately.
4.5 If you are required to return any goods, you are liable for the cost of returning those goods unless the cost is significant.
4.6 Your refund will be paid in the currency in which it was received by us. If you paid in a currency other than Australian dollars, you are liable for the costs of exchange.
4.7 By purchasing, completing the first steps and either downloading content or completing a one to one session, intensive, workshop - you acknowledge your intent at time of purchase, there is no future claims available via banking institutions. If this action is sourced, we will return with debt collection and hefty recovery fees and possible public statement of the individual or company un-ethical behaviour
6. Community Group
Our SMASH Community Group honours and respects each member. Extended rules of inclusion are stated there. If a member breaches those, acts inappropriately, or breaches any of these terms. They will be removed from the groups but may still have access to the content.
7. Trade marks
7.1 Trade marks used on the Website belong to their respective owners. You must not use any trademark displayed on the Website without the express written permission of us or the third-party owner.
8.1 These Terms are governed by and to be construed in accordance with the laws of New South Wales, and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
8.2 If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
9.1 Cancellation policy: Tickets are non-refundable but completely transferable. If you require your ticket to be transferred to someone else, please email their full name and email address to [email protected] no less than 3 working days prior to the event.
9.2 Event: Sharyn Swan, The Dot Connector reserves the right to change the event at any time, this includes location. In the unlikely event that this will happen, every effort will be made to ensure an event of equivalent standard in a reasonable distance from the original location.
9.3 Behaviour: Sharyn Swan, The Dot Connector reserves the right to prohibit entry or eject any person from the Venue based on behaviour deemed inappropriate by Sharyn Swan, The Dot Connector, staff and/or its agents and others working under its authority.
9.4 Image Release: In registering for CoGrow Workshops, you grant permission to Sharyn Swan, The Dot Connector its agents and others working under its authority, to take and to have full and free use of video/photographs containing your image/likeness. You understand these images may be used for promotional, news, online/multimedia, research and/or educational purposes by and for Sharyn Swan, The Dot Connector. You agree that you are not entitled to remuneration, residuals, royalties or any other payment in respect of your image/likeness or its use. You release, discharge, and hold harmless, Sharyn Swan, The Dot Connector and its agents from any and all claims, demands or causes of actions that you may hereafter have by reason of anything contained in the photographs or video. If you do not agree to the above image release, you must advise Sharyn Swan, The Dot Connector by email as soon as possible at [email protected]
For any questions or notice, please contact us at:
Email: [email protected]
Last update: 22 April 2021