Website Terms & Conditions

  1. About the Website: Chaleen Botha

    1. Welcome to Chaleen Botha’s website.
    2. The Website is operated by ABN 60 936 207 647. Access to and use of the Website, or any of its associated Products or Services, is provided by Chaleen Botha. Please read these terms and conditions 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.
    3. Chaleen Botha reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Chaleen Botha 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 in the user interface.

3.  Your obligation as a website user

    1. As a Website User, you agree to comply with the following:
      1. you will use the Services only for purposes that are permitted by:
        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
      2. access and use of Chaleen Botha’s website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services.
      3. you will not use the Services or Chaleen Botha’s website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Chaleen Botha.
      4. you will not use the Services or Chaleen Botha’s website for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website.
      5. 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 Services. Appropriate legal action will be taken for any illegal or unauthorised use of the website; and
      6. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

4.  Payment

    1. All payments made in the course of your use of the Chaleen Botha’s service are made using electronic transfer as directed. In using the Website, the Services or 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 terms and conditions that are available on their website.
    2. 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.
    3. You agree and acknowledge that Chaleen Botha can vary the Services Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

5.  Refund Policy

    1. Chaleen Botha will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if Chaleen Bothathe makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.
    2. Any benefits set out in these Terms and Conditions may apply in addition to consumer’s rights under the Australian Consumer Law.

6. Copyright and Intellectual Property

    1. The Website, the Services and all of the related products of Chaleen Botha 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by Chaleen Botha, who grants to you:
      1. use of the Website pursuant to the Terms;
      2. print pages from the Website for your own personal and non-commercial use.

        Chaleen Botha does not grant you any other rights whatsoever to the Website or the Services. All other rights are expressly reserved by Chaleen Botha.

        3.  Chaleen Botha retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or to the Website will transfer:

      1. any business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
      4. You may not, without the prior written permission of 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 Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7. Privacy

Chaleen Botha takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Chaleen Botha’s Privacy Policy, which is available on the Website.

8.  General Disclaimer

    1. Nothing in the 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.
    2. Subject to this clause, and the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      2. Chaleen Botha 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Chaleen Botha make any express or implied representation or warranty about the Services or any products or Services 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:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services-related products (including third-party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website, the Services or any of the products of Chaleen Botha; and
      4. the Services or operation with respect to links that are provided for your convenience.

9. Limitation of Liability

    1. Chaleen Botha’s 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.
    2. You expressly understand and agree that Chaleen Botha, 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.  Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for commercial gain, whether business users or domestic users, then you are a competitor of Chaleen Botha. Competitors are not permitted to use or access any information or content on our website. If you breach this provision, Chaleen Botha will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

11. Termination of Contract

    1. The Terms will continue to apply until terminated by either you or by as set out below.
    2. If you want to terminate the Terms, you may do so by:
      1. providing Chaleen Botha with 30 days’ notice of your intention to terminate; and
      2. closing your accounts for all of the services that you use, where Chaleen Botha has made this option available to you.

        Your notice should be sent, in writing, via the ‘Contact Us’ link on our homepage.

    1. Chaleen Botha may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms or intend to breach any provision.
      2. required to do so by law.
      3. the provision of the Services to you by Chaleen Botha is, in the opinion of Chaleen Botha, no longer commercially viable.
      4. Subject to local applicable laws, Chaleen Botha reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Chaleen Botha’s name or reputation or violates the rights of those of another party.

12.  Indemnity

       You agree to indemnify Chaleen Botha, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:

    1. 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 your content;
    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    3. any breach of the Terms.

13.  Dispute Resolution

    1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    1. 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.
    2. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
      1. Within 28 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;
      2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by Chaleen Botha;
      3. 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 precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      4. The mediation will be held in Perth, Australia.
    2. 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.
    3.  Termination of Mediation: if 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14.  Venue and Jurisdiction

The Services offered by Chaleen Botha are intended to be viewed by residents of Australia. In the event of any dispute arising out of or to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Perth, Australia.

15.  Governing Law

The Terms are governed by the laws of WA, 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 according to the laws of WA, 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.

16.  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.

17 April 2024

error: Content is protected !!