TERMS AND CONDITONS OF SALE

TERMS AND CONDITIONS 


These are the Terms and Conditions of Sale for all programs, online courses and any other services (Services) sold by Legal THE ALKYMI COLLECTIVE™ (ABN: 56196088241) trading as Business Name (THE ALKYMI COLLECTIVE™, we, us) on our website, thealkymicollective.com (Website).


Please read these terms and conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, you're indicating to us that you've read, understood and agreed to enter into a binding agreement with us on these terms and conditions. If you have any questions or concerns about our terms and conditions, Services or Website, or any purchase you make through the Website, please don't hesitate to get in touch with us


ECOMMERCE 


While we take every care to make sure our Website is accurate and up to date, we're only human and from time to time, mistakes may occur (for example, a pricing error or inclusions error). 


Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there's been an error leading to your order (such as a pricing error), we may choose not to complete the order, but we'll be sure to contact you to discuss your options (for example, placing an order at the correct price),


PAYMENT 


You agree to pay us the purchase price for the Services listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). Prices are listed in Australian dollars (AUD) and are not inclusive of GST, unless otherwise stated on the Website. 


The payment structure for all Services includes full-fee upfront payment or 3 part instalment payment. Please see our Website for further details or contact us for further information on our available payment options. 


We currently accept payment via PayPal, Credit/Debit card. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors or electronic funds transfer into our nominated bank account. Please ask us for more information.


In making a payment, you warrant to us that you've read and agreed to the terms of any other third-party payment gateway or processor we use on the Website from time to time, which are available on their website You understand that these services are provided by third parties and are made available to you on our Website for convenience only.


We're not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.


We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or otherwise notifying you.


If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may terminate this Agreement or suspend or cancel your access, at our absolute discretion, unless or until payment is received.


CANCELLATION POLICY


Customers wishing to cancel their subscription or access to online programs must submit notification of withdrawal in writing within 7 days of the confirmation of purchase. In order to apply for a cancellation, the customer must provide clear details to why they seek to cancel the service and confirm they have not downloaded or used any of the program or subscription materials. If any videos, materials and content have already been downloaded a usage fee will be applicable to compensate THE ALKYMI COLLECTIVE™ for the use of materials.


It is recommended customers contact THE ALKYMI COLLECTIVE™ within 24 hours of submitting a cancellation request to confirm receipt. THE ALKYMI COLLECTIVE™ accepts no responsibility for and will not be liable for non-receipt of messages or transmissions.

 

REFUND POLICY


Your completed enrolment form acts as confirmation of acceptance, and commitment to, paying all fees as stated on the enrolment form. Enrolments submitted electronically require a confirmation that the student has read and agreed to these Terms and Conditions, the Privacy Policy, and the Fees & Charges documentation online in order to submit and process the enrolment form. This action provides confirmation in lieu of a signature. In checking the appropriate box, the Student fully accepts ACS ‘s Terms and Conditions.


Students are considered to have commenced their program from the date that purchase, and payment has been made by the customer.


Refunds may be granted in the event an application is submitted within 14 days of confirmation of enrolment. The refunded cost will be less minimum AUD$100 Administration Fee. If materials have already been used by the customer a further charge at the discretion of the directors of THE ALKYMI COLLECTIVE™ may be applicable before the refund can be processed. Failure to return course materials in a timely manner will result in the cancellation of all refund processes.


LICENCE 


In order to purchase access to an online course, you must first create an online account.


As a purchaser of an online course, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the course and all associated intellectual property in accordance with these terms, copy and store the online course content contained therein in your device's cache memory and to print pages from the online course for your own personal and non-commercial use.


We don't grant you any other rights whatsoever in relation to the Website or the online course. Specifically, you are prohibited from re-using the content contained in the online course for commercial use.


THE ALKYMI COLLECTIVE™ can revoke this license immediately and without notice if you use the content other than in accordance with this license.


RISK


Risk in the Services supplied under this Agreement passes to you once the Services are made available to you; that is, once the email with your login details has been delivered.


AGE RESTRICTION

 

Payments will only be accepted for customers 18 and over.


DISCOUNTS


We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).


Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made (whichever occurs first).


We reserve the right to revoke any discount offer at any time without notice.


ACCESS


Once we've received your payment and confirmed your order, you'll receive an email with your login details to access the Services. 


If you have any technical problems accessing your online account or accessing the material which forms part of the Services, please contact us for assistance.


Your use of, and/or access to, the Site constitutes your agreement to the following:

As a condition of use of this website, you agree to not use the Site or its content and materials for any unlawful purpose, or in any ways prohibited by these Terms and Conditions. THE ALKYMI COLLECTIVE™ gives no endorsement, accepts no responsibility for, and will not be liable for, any third-party links.

If you become aware of misuse of the Site by any person, please contact THE ALKYMI COLLECTIVE™ with your concerns.


CONDUCT


You agree to follow our rules for participation in the services. You understand and agree that you must treat our members with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.


Failure to comply with this clause amounts to a breach of this Agreement and THE ALKYMI COLLECTIVE™ may suspend or limit your access to the Services or terminate this Agreement.


EVENTS BEYOND CONTROL


THE ALKYMI COLLECTIVE™ will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we'll contact you to discuss a suitable solution.


ADVICE, INFORMATION AND INSTRUCTIONAL VIDEOS


We may give you advice, recommendations, information, instruction or assistance in relation to the Services and in material provided to you through the Services, believing it to be accurate, appropriate and reliable at the time but we don't give any warranty of accuracy, appropriateness or reliability.


The information, advice and instruction we give are general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary.


FEED BACK AND DISPUTES 


Your feedback is important to us. If you have any feedback about our Site or services, please contact us in writing. Unless specifically stated by you, we shall treat information you provide to us as non-proprietary and non-confidential.


Should a dispute arise between us, both parties agree to contact the other in writing (outlining the nature of the dispute, the outcome the complainant wants and what actions the complainant thinks will settle the dispute) to seek a resolution. 


On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days.


If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Western Australia appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Perth, Western Australia. 


The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.


This clause survives termination of this Agreement.


INDEPENDENT LEGAL ADVICE


You can seek independent legal advice on these terms and contact us to negotiate changes or amendments to these conditions before proceeding with your order. If you don't do so, we'll take it that you've read, understood and agreed to be bound by these conditions, and that you consider the conditions fair and reasonable and not against public policy.


VARIATION


We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Services will indicate your acceptance of the variations. 


Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement.


SEVERANCE


If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.


ASSIGNMENT


The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement on giving you notice in writing.


YOUR PRIVACY

 

THE ALKYMI COLLECTIVE™ is committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We will get your permission before retaining any personal.


In order to best protect the rights of our customers and their personal data against cyber-attack, hacking and unlawful accessing of sensitive and confidential student records, IT IS HEREBY AGREED that all such records shall be confidentially destroyed within a period of one month to twelve months of cessation of student enrolment and to remove any doubt, THE ALKYMI COLLECTIVE™ is irrevocably authorised to do so within such time frame.

 

To comply with Australian and European law, we will maintain student records for the period of course enrolment.


If you would like THE ALKYMI COLLECTIVE™ to delete your information at any time (whether you are a customer or a prospective customer), please contact us via email ( info@thealkymicollective.com) to process this.


ENTIRE AGREEMENT


The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.


DISCLAIMER

 

Every attempt is made to ensure all information provided by THE ALKYMI COLLECTIVE™ is accurate, and that the customer has attained all competencies taught within a program or subscription service.

 

THE ALKYMI COLLECTIVE™ takes no responsibility for, and will not be liable, for any action or claim in connection with, or arising from any such information, instruction or advice. THE ALKYMI COLLECTIVE™ takes no responsibility for and will not be liable for the customers interpretation and/or misuse of materials.


The customer and or client should always seek independent and professional advice as the information provided within our website and online courses is for educational purposes only.

 

No programs, course materials and resources are to be republished, sold, loaned or copied, or used in any way outside the pursuit of studying the program by the enrolled customer without explicit permission granted in writing by the director of THE ALKYMI COLLECTIVE™.


WAIVER


A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.



LET'S CONNECT

© The Alkymi Collective 2022