Purchase of Materials
- 1.1 Thank you for visiting our website. This website is owned and operated by DanCait Pty Ltd ACN 617 679 222 as the trustee for the DanCait Trust trading as Caitlyn Menzel Coaching ABN 91 406 623 123 (Caitlyn Menzel Coaching). These Terms apply to:
(a) the use of this website, including the use of the information offered on this website and to any response to an enquiry that you make via the website;
(b) and any purchases you make through the website.
- 1.2 By accessing and/or using this website and related services, you agree to these terms and conditions. You should review these Terms carefully. If you do not agree to these Terms, you must cease accessing or using the website.
- 1.3 In these Terms the expressions we, us and our are a reference to Caitlyn Menzel Coaching and a reference to you and your is a reference to any person or entity that accesses or uses any part of this website.
- 1.4 In these Terms:
(a) Delivery Address means the address to which a Product is to be delivered, as set out on the Order Confirmation Page;
(b) Delivery Fee means a fee for the delivery of a Product to you as may be set out on the Order Confirmation Page;
(c) e-Product means any products, including e-books and digital books provided to you in PDF format;
(d) Materials means any product or short course available to purchase on the website, including the Products and e-Products;
(e) Order means an Order for Materials;
(f) Order Confirmation Page means the web page that sets out the details of your Order, including the Price and (if applicable) the Delivery Address;
(g) Price means the purchase price for each Material as specified on the Order Confirmation Page, including applicable GST;
(h) Products means The Salon Bible, The Salon Management Mastermind, The Salon Summit Series and the Short Courses provided to you on a USB stick; and
(i) Short Course means all Short Courses program made available to you online.
(j) Event means Two-Day Salon Transformation live education event.
- 2.1 Caitlyn Menzel Coaching provides certain materials and programs, including the Materials and coaching and mentoring services to members of the hair and beauty industry, including salon owners.
- 2.2 By placing an Order via the website, you are offering to purchase Materials on, and subject to, these Terms.
- 2.3 When you place an Order, you will receive an acknowledgement email confirming receipt of your Order. This email will does not constitute acceptance of your Order. A contract between you and Caitlyn Menzel Coaching for the purchase of the Materials will not be formed until your Order has been approved by Caitlyn Menzel Coaching and we have received payment for the Materials in full.
- 2.4 Caitlyn Menzel Coaching does not warrant that any of the Materials displayed on this website will always be available. All Orders are subject to availability. If Caitlyn Menzel Coaching is unable to complete your Order due to insufficient supply of the Materials you have ordered or any other reason, you will receive a refund of any money paid for that Order.
- 2.5 We may withdraw or suspend from sale any Materials displayed on the website, either temporarily or permanently, at any time. Caitlyn Menzel Coaching will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Material. Where any Material the subject of an Order has been withdrawn or suspended from sale and your payment for that Material has already been processed, we will refund any money paid to us for that Material.
- 2.6>When you place an order, Caitlyn Menzel Coaching will charge you and you agree to pay the Price and any applicable Delivery Fee. All prices are in Australian dollars and, if GST applies, are inclusive of GST.
- 2.7 Caitlyn Menzel Coaching reserves the right to change or alter Prices without notice to you. If you have already submitted an Order for Materials at a particular Price, we will supply your Materials at that Price.
- 2.8 Any payment for an Order must be cleared by Caitlyn Menzel Coaching before that Material or the Product is dispatched or access to an e-Product is granted. If your payment cannot be processed, we will not dispatch that Material or the Product or give you access to the e-Product (as applicable).
- 2.9 We may allow you to use a third-party payment provider (including PayPal) to make payments to us. If you make a payment using a third-party payment provider, you may need to enter into a separate, legally binding agreement, with that payment provider.
- 2.10 If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid for that Order.
- 2.11 Unless provided for under these Terms or as otherwise agreed by Caitlyn Menzel Coaching in writing, no cancellations or changes to Orders will be accepted.
- 2.12 Delivery Fees will not be refunded if you return Materials for change of mind, or if you make an incorrect selection.
- 2.13 If you are entitled to a refund under these Terms or the Australian Consumer Law, we will process any refunds within a reasonable time. Any refund will be processed in the same manner in which payment was received.
- 2.14 From time to time Caitlyn Menzel Coaching may undertake special offers and/or promotions. Separate terms and conditions may apply to products or materials sold as part of a promotion or offer.
- 2.15 Separate terms and conditions may apply to certain products or Materials available on the website. This will be noted on the relevant page of the website.
- 2.16 Neither party will be liable for any failure or delay or default in performance of its obligations under these Terms if such failure or delay or default is caused by conditions beyond its control including but not limited to delay in or unavailability of resources or manufacture, acts of God, government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
e-Products and Products
- 3.1 The provisions of this clause 3 apply to our supply, and your use, of the Products.
- 3.2 Title in a Product passes to you on receipt by Caitlyn Menzel Coaching of the Price in full for the Product. Risk in a Product passes to you when the Product is dispatched from Caitlyn Menzel Coaching.
- 3.3 Caitlyn Menzel Coaching will use reasonable endeavours to appropriately package the Product for ordinary domestic postage, but will not be responsible for, and will not replace any Product that is damaged or lost in the post.
- 3.4 Except in relation to the book “Fearless and Free”, if you lose or damage the Product, we are under no obligation to replace it for you. However, please contact us and, subject to availability of replacement, we will provide you with a price to replace the Product and any applicable delivery fee.
- 3.5 Products are provided to you for your use only. You must not share the Products or the information available on a Product with any other person.
- 3.6 The information available on the Products is intended to only be visible on the Products. You must not print or take a screen shot, photograph or copy of the information or any part of a Product.
- 4.1 The provisions of this clause 4 apply to our supply, and your use, of the e-Products and Products.
- 4.2 While Caitlyn Menzel Coaching will try to ensure that e-Products and Products are accessible to you at all times, we do not warrant:
(a) that access to the e-Products and Products will be uninterrupted or error free;
(b) that you will have continuous access to the e-Products and Products; or
(c) that data, information or files provided to you in connection with the e-Products and Products will be free of faults, errors, viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
- 4.3 Caitlyn Menzel Coaching will not be liable in the event that the e-Products and Products are unavailable to you due to:
(a) any events caused by Caitlyn Menzel Coaching, whether negligent or not; or
(b) any events beyond the control of Caitlyn Menzel Coaching, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.
- 5.1 Refunds, exchanges and replacements:
(a) Caitlyn Menzel Coaching will only offer a refund or exchange of a ticket to an Event if the Event is cancelled, rescheduled or significantly relocated by Caitlyn Menzel Coaching (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law).
(b) You must apply for a refund within forty-eight (48) hours of written notification of the cancellation or rescheduling of the Event.
(c) All ticket sales to Events are final and Caitlyn Menzel Coaching does not offer refunds or exchanges as a result of a change in your personal circumstances.
(d) If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges).
(e) You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an event. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation.
- 5.2 Variations to events
(a) Caitlyn Menzel Coaching reserves the right to add, withdraw, reschedule or substitute speakers and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.
- 5.3 Conditions of attendance
(a) You may be denied entry into, or removed from, an event where Caitlyn Menzel Coaching has reasonable grounds to do so, including if you breach Caitlyn Menzel Coaching’s Terms and Conditions, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of others in attendance at the Event.
(b) If you arrive late, you may not be admitted until a suitable break in the Event.
(c) You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including mobile phones).
(d) You may be required to submit to a search of your person and/or possessions before entering the event.
- 5.4 Resale of tickets
(a) Tickets may not, without the prior written consent of Caitlyn Menzel Coaching, be resold or offered for resale or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services.
(b) If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the new ticketholder may be refused entry to the Event.
Disclaimer and Liability
- 6.1 By accessing or purchasing any Materials, you acknowledge and agree that:
(a) Caitlyn Menzel Coaching, does not provide, and the Materials expressly exclude, taxation, accounting, financial, legal, employment or other advice;
(b) any business insights given in the Materials are based on Caitlyn Menzel Coaching’s industry experience only;
(c) you should obtain independent financial and legal advice on any potential transactions and/or business decisions;
(d) the Materials are provided for the benefit of, and must be relied on only by you; and
(e) you must share, or provide access to, the Materials to any other person.
Exception to disclaimer
- 7.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense, or injury, illness or death – irrespective of the manner in which it occurs – which may be suffered as a result of:
(a) your use of our website and/or the information or materials contained on it;
(b) the inaccessibility of this website;
(c) the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date; or
(d) from your purchase or use of the Materials.
- 7.2 Caitlyn Menzel Coaching:
(a) makes no representation that its Materials are suitable for your specific circumstances, appropriate for your individual needs or provide any specific benefit or outcome;
(b) any business insights given on the website or in any Materials is based on Caitlyn Menzel Coaching’s industry experience only. The information is of a general nature and you should obtain independent financial and legal advice on any potential transactions and/or business decisions; and
(c) has no liability to you arising howsoever in connection with the Materials where your use of the products is not in accordance with our instructions.
- 7.3 To the maximum extent permitted by law, including the Australian Consumer Law, any condition or warranty which would otherwise be implied into these Terms (including in connection with any Materials you purchase through the website) is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of the condition or warranty to one or more of the following (at our option):
(a) if the breach relates to goods (including any Materials you purchase through the website):
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services (including any Materials you subscribe to through the website):
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
- 8.1 The disclaimer set out in clause 6 of these Terms does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
- 9.1You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
- 9.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or any other form of interference or disruption which may damage your own computer system or network. For the avoidance of doubt, we do not accept responsibility for any interference, disruption or damage to your own computer system or network which arises in connection with your use of this website or any linked website.
- 9.3 The information published and contained on this website is intended to showcase and sell Caitlyn Menzel Coaching’s Materials and services. We aim to ensure the accuracy of such information. However, we do not warrant the accuracy, adequacy or completeness of any information published on or contained within this website, nor do we undertake to keep this website updated. We do not accept responsibility for loss or damage suffered as a result of reliance by you upon the accuracy, currency, adequacy or completeness of any such information.
- 9.4 You acknowledge that we are a distributor of any content on this website attributed to a third party. Our editorial control in relation to content attributed to a third party is limited to the selection of materials to make available. Any opinions or statements of advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, adequacy, completeness, currency or usefulness of such content or its fitness for any particular purpose. It remains your responsibility to evaluate the accuracy, completeness, currency, adequacy and usefulness of any such information.
- 9.5 Responsibility for the content of advertisements (if any) appearing on this website (including hyperlinks to advertisers’ own websites) lies solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services and each advertiser is solely responsible for any representations made in, and in connection with, its advertisement.
- 11.1 Copyright in the text, graphics, user interfaces, photographs, images, logos, icons, sounds, music, sound recording, computer code, Materials and software of this website (Content) and the design, structure, selection, coordination, colour combinations, layout, expression, look and feel, and arrangement of such Content, is owned or licensed by us. Content procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Terms, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of any Content on this website; or
(b) commercialise any information, products or services obtained from any part of any Content on this website, without our prior written permission or, in the case of third party material, from the owner of the copyright in that Content.
- 11.2 Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
- 11.3 If you believe you own the copyright in any work that has been displayed on the website without your permission, please contact us and the matter will be investigated.
- 12.1 Except where otherwise specified, any word or device used on this website as a trade mark is a registered or proprietary trade mark.
- 12.2 If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our information, products or services (including this website); or
(e) without our prior written permission.
- 13.1 You must not do any act that we deem to be inappropriate, or is unlawful or prohibited by any laws applicable to our website, including but not limited to:
(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
(b) using this website to misrepresent, defame or libel us, our employees or other individuals;
(c) using any device, software or method to interfere (or attempt to interfere) with the proper functioning of this website or any transaction being conducted on the website, or with any other person’s access to or use of this website;
(d) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(e) misrepresenting who you are or providing false information or details; or
(f) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
- 13.2 If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
Security of information
- 14.1 This website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.
- 14.2 We are not responsible for the content or privacy practices associated with Linked Websites.
- 14.3 Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless expressly stated otherwise.
Termination of access
- 15.1 Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted strictly at your own risk. Without limiting the foregoing, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
- 16.1 Access to this website may be terminated at any time by us without notice. Clauses 6, 10, 11, 15 and 16 of these Terms and other terms which are capable of survival will nevertheless survive any such termination.
Amendment of Terms
- 17.1 These Terms are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of and in that jurisdiction and courts of appeal from such courts.
- 18.1 We reserve the right to amend these Terms from time to time. Amendments will be notified on the website. Your continued use of the website following such notification will represent an agreement by you to be bound by the amended Terms.
- 19.1 We will not be liable for any failure or delay or default in performance of our obligations under these Terms if such failure or delay or default is caused by conditions beyond our control including but not limited to acts of God, government restrictions, internet availability or disruption, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
- 19.2 Any failure by a party to exercise any right under these Terms or any delay by a party in exercising a right under these Terms does not operate as a waiver. The single or partial exercise of any right under these Terms by that party does not preclude any other or further exercise of that or any other right by that party. A waiver of one breach of a term of these Terms does not operate as a waiver of another breach of the same term or any other term of these Terms.
- 19.3 If any provision of these Terms is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from these Terms.
- 19.4 These Terms (and any terms and conditions applicable to Materials that you purchase or subscribe to) set out the entire agreement and understanding between you and us with respect to the subject matter of these Terms and supersedes all prior agreements, understandings and representations.