Revised: 26 October 2018.
By visiting this site or by making a purchase from Words by Birds (“Us”, “Our”)’s online store, you signify that you agree to these terms and conditions. We reserve the right to modify these Terms and/or the Policies (and update Words by Birds Web Page on which they are displayed) from time to time.
A date stamp will be applied at the top of the page therefore it is important that you check this page regularly.
By using our website, you acknowledge that it will contain links to third party websites. The inclusion of these links do not imply that we at Words By Birds endorses, or have investigated or verified the linked content of the websites.
Payment of services and/or products for Words by Birds will be in United States Dollars (USD). We accept Paypal, Stripe, MasterCard and Visa. We do not store your credit card details. When making a purchase via our online store, your details are protected through encryption where it will be transmitted via the Internet to these third-party payment processors. We do not have access to your credit card details. To review their respective privacy policies please click here for PayPal and here for Stripe)
All prices displayed of products and/or services advertised on our Website, can be changed without notice.
By purchasing a digital resource from us at Words By Birds, you are granted one revocable, worldwide, non-exclusive license to the product(s) you have purchased. If we find that you have violated this license either by selling, giving, re-producing (in part or in whole) or redistributing our digital content or products to anyone or if you imply that they have the right to use for their commercial purposes, we reserve the right to invoice you for the licenses you have gifted to others, as well as revoke your access to your digital product(s) permanently.
Where you refuse to cease redistribution, we reserve the right to seek legal action whereby legal costs will be charged to you on an indemnity basis.
5. Scheduling Consultation Calls
Where you have purchased an online consultation call on Words By Birds, you agree to be present at the scheduled time for the session booked. If you would like to reschedule your consultation appointment, you will be required to give us at Words By Birds, a minimum of 48 hours notice. With the exception of “no shows”, where less than 48 hours notice is given to reschedule a call, we will endeavour to organise an alternative time slot in the next 48 hours. You acknowledge however, that this cannot be guaranteed.
Owing to the unpredictability of the internet and the nature of conducting online consultation calls, we cannot be liable for any failure or delay in the delivery of our Consultation services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of our control including but not limited to: war, strikes, lockouts, government restrictions, personal illness, transport delays, natural disasters, power outages, theft, accidents of any kind or act of terrorism.
Should such circumstances occur, we will endeavour to get in touch with the client to reschedule another online appointment at a time suitable for both parties. No refunds will be payable for “no shows” for appointments.
You represent and warrant to us that to the best of client’s knowledge, that the information provided to Words by Birds, is true and accurate. All material considered strictly confidential by either party shall be designated as confidential. The exception of this is where such information is subpoenaed by a Court, where we have reasonable information to believe that the failure to disclose such information would place you or another person at serious and imminent risk, where your prior approval has been obtained, or where disclosure is otherwise required by the Law.
You agree that they will hold Words by Birds harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of Words by Birds in respect of the provision of Services and/or content made available to the you; and/or any breach of these terms (or associated terms) by the Client.
8. Disclaimer: No Warranty or Guarantees
Content on the website and services provided by Words by Birds are provided on an "as is" basis, and without any warranty or condition, express or implied. You acknowledge and agree that nothing in this website or terms constitute as an express or implied warranty or guarantee as to the outcomes that may be obtained from use of the Services an/or e-products.
9. Exchange or Refunds for Digital Products
Owing to the nature of online digital products, we are unable to provide a refund owing to dissatisfaction. Any requests for refunds or cancellations will be at the sole discretion of Words by Birds, and will be assessed on a case by case basis.
The information, images, blog, graphics, text materials, logos on our Website or any of its Platforms are owned and controlled for these purposes by Words by Birds. You cannot modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been provided with prior written permission from us.
Where this has been breached, we reserve the right to request for you to take the content down immediately, credit us, or destroy the content.
You acknowledge that some of the links (marked with an “*”) on our website are affiliate links. Words By Birds may receive a commission when you purchase, or visit one of these affiliate links. Once you have clicked on one of these outbound links, you agree that you will be taken directly to the product/service issuer’s website and you will be directly dealing with them and not Words by Birds.
12. Governing law and jurisdiction
This agreement is governed by the laws of the State of VIctoria, Australia. Each party will submit to the jurisdiction of the courts exercising jurisdiction of Victoria, Australia.
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