Website, User & Online Course Terms & Condition
Alan Stevens is a face profile specialist providing training in reading faces for personal, commercial, analytical, commentary and entertainment purposes. Alan Stevens may make his training available in a variety of ways including by online or face-to-face courses, as do it yourself, group or individual training. This Website is owned and operated by Alan Stevens (ABN 49 802 940 997) (“Alan Stevens, us, our or we”).
1.1. In these Terms,
a) “you” means any person visiting or using the Website;
b) “Agreement” means the agreement between you and Alan Stevens for the provision of access to Online Courses, packages and services as governed by any registration form, welcome pack or other documentation provided to you by Alan Stevens in conjunction with these Terms & Conditions; c) “Online Course” means any training or education available from the Website which is accessed and undertaken in an online environment;
e) “Website” means the website www.alanstevens.com and its related pages, including any mobile site or mobile or other application that we may offer.
2. USE OF WEBSITE
2.1. Your access to, browsing, contributions to and use of this Website are subject to the following Terms as well as all applicable laws, rules and regulations. By accessing or using this Website you accept and agree to the Terms, which are legally binding.
2.2. If you do not agree to any of these Terms, you must not visit, use or continue to use the Website. We will, from time to time, revise and update the Terms and we will publish all such updates on our Website. All updated Terms become effective immediately upon being published on the Website.
3.1. All content and all intellectual property which includes text, images, trade marks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks, data, materials and information contained on the Website and any Online Course (“Content”) and the selection, arrangement and “look and feel” of all content contained on the Website, is the property of Alan Stevens or third parties who have granted Alan Stevens permission to use it on the Website. All Content contained on the Website whether past, present or future and is protected by national and international copyright, design and trade mark and other laws. Your right to use the Content is limited only to those rights expressly set out in the Terms.
4. USE AND REGISTRATION
4.1. Our Online Courses, packages or services may only be available after you have registered your details and activated an account with us on the Website. To register your details and open an account with us, you will be required to submit your data and the personal information relating to either you personally or to your business. You warrant and agree that all information provided to us is accurate, true and up-to-date in all respects and at all times. You also agree to update your account with any changes to your personal information previously submitted as soon as practicable after such personal information changes.
4.3. Alan Stevens reserves the right in its sole discretion to refuse to register any account.
4.4. If you breach any of these Terms, we will be entitled to lock or delete any and all accounts, and not accept any further or future account requests, by the account holder and their associates.
4.5. You must not use another person’s account without their express prior permission nor permit anyone to use your subscription or account.
4.6. You are solely responsible for all activity that occurs using your account, and solely responsible to keep your access to it and your passwords secure. Alan Stevens does not accept any responsibility for activity, communications or payments made using your account by unauthorised access of your account.
4.7. If you suspect or become aware of any unauthorised use of your account or that your passwords are no longer secure, you must immediately notify Alan Stevens and immediately take all reasonable steps to protect your account.
4.8. When you notify Alan Stevens of your account being accessed without your authority or your account or passwords not being secure, we will immediately lock and cancel your account to prevent any further misuse. We will allow you to register a new account only after we are satisfied, in our sole discretion, that you have taken all reasonable steps to ensure that your account and passwords will be kept secure in the future.
4.9. You agree to release and indemnify Alan Stevens from any loss or claim arising, whether directly or indirectly, from any unauthorised use of your account.
4.10. You acknowledge that when you register and use the Website, you will receive correspondence from Alan Stevens, including newsletters, relating to the Website, the Online Course and the business of Alan Stevens.
LIMITED LICENCE TO USE
4.11. Alan Stevens grants you a revocable limited non-exclusive licence to access, browse, use or contribute to the Website or the Content on your computer or similar device and download and use downloadable Content only for the purpose intended by these Terms, to participate in the Online Course or for the sole purpose of making purchases from or interacting with Alan Stevens.
4.12. Except as expressly permitted in these Terms or on the Website, or with Alan Stevens’s prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website for commercial or public purposes, including but not limited to use as meta tags or linking the Website or Content on other pages or sites on the world wide web.
4.13. You must not damage, interfere with or disrupt access to the Website or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or the Content. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content within it.
4.14. Alan Stevens will hold you liable for any loss, damage or claims arising, directly or indirectly, from your interference with the Website, Content, security or access to the Website or Content or in any other way prevent the usual operation of the Website and its availability to the public.
5.1. Alan Stevens may offer access to the Website, the Online Course, packages and the services by any one or more packages for purchase or subscription.
5.2. Our Online Courses, packages or services may be available for purchase via our Website or directly from Alan Stevens. All Online Courses, packages or services are purchased subject to any order requirements or instructions referred to on the Website or otherwise notified to you.
5.3. When placing an order you will be required to select the option or package you wish to purchase and provide the requisite details for the order. For each order you must provide accurate and up-to-date details of the purchaser, payment details and any other information required to effectively process your order.
5.4. By placing an order, you warrant you are not a legal minor and you are over the age of 18 years and you have full and due capacity and authority to make the order and payment.
5.5. Once you have submitted an order, you must make payment for the order in accordance with the payment methods specified or referred to on the Website or otherwise notified to you. An order will only be deemed to be placed when you have
submitted the order and the full payment required on placing the order has been received.
5.6. Alan Stevens reserves the right to accept or reject your order for any reason and, in the event that we cancel your order, we will provide a full refund of any payments received from you in relation to that particular order.
6. PRICE AND PAYMENTS
6.1. The price of an Online Course or any package or service is the price specified or referred to on the Website or otherwise notified to you. The price for any Online Course, package or service must be paid as either a single upfront payment or by
instalments as specified in the Website.
6.2. We may at our sole discretion from time to time update the price of any Online Course, package or service. The price as at the date your order is confirmed will remain the price for the Term of the Online Course or package.
6.3. All prices are processed in Australian dollars unless otherwise notified on the Website.
6.4. Payment in accordance with the payment requirements for your order must be received by us prior to the provision of access to the Online Course, the package or services that you have ordered. Your order will only be confirmed, and the indicated price honoured, once the payment requirements to place your order have been complied with.
6.5. For any Online Course, package or service that permits payment by instalments, the relevant instalment amount is payable in advance on the 1 st of every month for the duration of the Term unless otherwise specified on the Website. Any Online Course, package or service that is payable by instalments may also require an upfront fee to secure access to the Online Course, package or service and such upfront fee may, in the sole discretion of Alan Stevens be an amount that is higher than the instalment amounts.
6.6. You are not entitled to make any set off, to withhold or deduct for any reason any monies payable to Alan Stevens pursuant to this Agreement.
6.7. If any payment is not received on its due date, Alan Stevens may in its sole discretion suspend access to the Online Course, package or services until such payment has been received. Provided failure to pay is rectified within five (5) Business Days from its due date, Alan Stevens will reinstate access to the Online Course, package or services as soon as practicable after receipt of payment.
6.8. If payment remains outstanding for longer than five (5) Business Days after the due date for payment, all outstanding fees for the Online Course, package or service will immediately become due and payable and Alan Stevens has no obligation to continue providing access to the Online Course, package or services until full payment has been received.
6.9. If you fail to make payment within five (5) Business Days after its due date for payment, Alan Stevens may require you to pay the price for any future Online Course, package or service as a single upfront payment.
6.10. Alan Stevens is not liable for any loss, cost, expense, Claim or inconvenience arising as a result of any Online Course, package or services being placed on hold pursuant to this agreement.
a) If any payment that is due pursuant to this agreement remains unpaid in full or in part after thirty (30) days from its due date, Alan Stevens retains the right to charge interest on the outstanding balance, which will be applied to the amount
outstanding and calculated daily at the standard Reserve Bank of Australia cash rate plus 5%.
b) Interest may be charged pursuant to this agreement on any outstanding amount from the thirtieth (30 th ) day after the date of the outstanding amount was due to be paid until payment in full of such outstanding amount (including all interest) is received by the Alan Stevens.
6.12. Alan Stevens accepts no liability for unauthorised use of any of your payment, credit card or bank account details, including due to fraud, forgery or other similar acts. You agree to release and indemnify Alan Stevens against any loss, damage or claim arising, directly or indirectly, from any unauthorised use of your payment details.
7. YOUR OBLIGATIONS
7.1. Each Online Course, package or service may only be available for a specified period of time or you may only have a set time to complete a module or component of an Online Course. It is your responsibility to provide and maintain the details or other information required for the benefits to be delivered within the specified timeframe. If you fail to provide the required details or information for the benefits to be delivered within the specified timeframe, the benefits will expire and any unused benefits of the Online Course, package or service will be forfeited and cannot be redeemed for cash, credit or any other value.
7.2. You acknowledge that you are solely responsible for complying with all terms, conditions or instructions of any Online Course, package or service as described or referred to on the Website or otherwise notified to you (“Instructions”). Alan Stevens is under no obligation to provide an Online Course, package or service to you if you do not comply with the Instructions.
7.3. You release and indemnify Alan Stevens against any loss, damage or claims that may arise as a result, directly or indirectly, of the conduct of yourself or any third party in the provision or receipt of any Online Course, package or service or your compliance with the Instructions.
7.4. You acknowledge that you are solely responsible for reading all Instructions for the receipt or provision of any Online Course, packages or services as specified on the Website and you are solely responsible for complying with such Instructions. If you believe the Instructions to be unclear you must contact Alan Stevens directly prior to the expiration of the specified timeframe for clarification of your obligations.
8. DELIVERY OF SERVICES
8.1. Online Courses, packages and services may be provided in a variety of ways including online self-service access, online scheduled delivery of content, electronic group or individual experiences or face-to-face group or individual services. The details about how services for each Online Course, package and service will be delivered will be specified on the Website. It is your sole responsibility to be aware of the method of delivery of the services ordered by you and to ensure that such delivery is suitable for you having regarding to your technological resources, time zone, personal learning preferences and any other matter that may impact or assist your receipt of the services.
8.2. Alan Stevens may discontinue or vary any Online Course, package or service from time to time. Any Online Course, package or service that has been confirmed will continue to receive the specified services and delivery method until the Term of that Online Course, package or service expires. Alan Stevens has no liability for any loss, cost, expense, Claim or inconvenience arising from any change to its Online Courses, packages or services.
8.3. Once the required payment has been received in full, Alan Stevens will, as soon as practicable, advise you of the information required for your receipt of the Online Course, package or service including any login and other access details.
8.4. You are solely responsible to ensure the accuracy of the email details recorded in your account and that you have access to such email account. If you fail to receive any correspondence, communication, passwords or other information from us because you have recorded incorrect email details or cease having access to the email account, Alan Stevens will not be liable for any loss, cost, expense, Claim or inconvenience that may arise.
9. PERSONAL INFORMATION
9.2. If any information is capable of being stored on the Website, we may remove any of your stored data at any time if it exceeds a reasonable limit as determined in our sole discretion. It is your sole responsibility to ensure that you maintain a backup of all information stored on the Website to ensure it is not lost if removed by us at our discretion. We are under no obligation to notify you before removing any stored data.
9.3. You agree that Alan Stevens may disclose your personal information to third parties for the purpose of those parties or Alan Stevens delivering the Online Course, package or services to you and may make referrals to third parties where appropriate and where such referral has been previously discussed with and agreed by you.
10. THIRD PARTY SITES
10.1. Alan Stevens selects third party partners and associates with care and with our customers’ needs in mind. We aim to provide information and services from reputable third parties with quality products or services who will be able to fully deliver that information or those services to you.
10.2. The Website may contain links to third party websites or content (Third Party Content). Alan Stevens does not monitor, review or update, and does not have any control over, Third Party Content. Unless expressly stated otherwise, Alan Stevens does not endorse or adopt Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of Third Party Content or the safety of any third party website.
10.3. If you use the links contained on our Website to access Third Party Content or otherwise rely on such Third Party Content you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trade mark, manufacturer, supplier or otherwise on or via the Website does not constitute or imply any endorsement, sponsorship or recommendation by Alan Stevens.
11. NO REPRESENTATIONS OR WARRANTIES
11.1. The Website and Content are provided “as is” without warranty of any kind, express or implied. Except to the extent required by the law, Alan Stevens does not make any representations or warranties as to the Website, any Online Course, package or services, including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website including colour, design and texture samples, descriptions of any materials or products, services, offers, merchants or any other information shown on the Website.
11.2. The use of any training available on the Website, through any Online Course, package or service is at all times subject to correct and appropriate application and interpretation. Alan Stevens makes no representations as to the appropriateness or effectiveness of any information or training implemented by you and does not imply, suggest or represent any personality trait, behaviour or trait in respect of any individual, group or class of persons based on family, upbringing, nationality, demographic, social or sexual preference, socio-economic standing, medical history, profession, background or age or in any other manner.
11.3. Your application or implementation of any training from the Website or any Online Course, package or service is at your own risk and Alan Stevens is no liable for any inference, judgement, assessment or decision made by you or any third party as a result of your application or implementation of such training. 11.4. Alan Stevens does not represent or warrant that the Website or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this Website. Alan Stevens does not guarantee continuous,
uninterrupted, error-free or secure access to the Website or its services, since the operation of the Website may be interfered with by numerous factors outside of Alan Stevens’ control.
12. LIMITATION OF LIABILITY
12.1. Except to the extent required by the law or as is expressly set out in the Terms, Alan Stevens specifically disclaims all or any liability arising from your access to or use of the Website and Content, making any Order or purchasing any Online Course, packages or services, and in no event will Alan Stevens, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way
connected with those matters (even if Alan Stevens has been advised of the possibility of such damages).
12.2. In any event, Alan Stevens’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Website or purchasing any Online Course, packages or services.
12.3. Alan Stevens’s liability for breach of any condition or warranty implied by legislation is, at Alan Stevens’s option, limited to supplying services again or payment of the cost of having services supplied again.
12.4. Without limiting the above, you acknowledge that Alan Stevens accepts no responsibility or any liability for orders made by you, and you acknowledge that Instructions are to be strictly observed and followed at your own risk. Alan Stevens does not accept any responsibility or liability for any information or errors provided by you in the Order, or in booking or receiving access to any Online Course, package or services, including your failure to do all things necessary to ensure the order, booking and receipt of the Online Course, package or services, are suitable and safe for your circumstances.
12.5. You release and forever discharge Alan Stevens, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
13.1. You indemnify and will keep indemnified, Alan Stevens and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents and will hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also indemnify and will keep indemnified Alan Stevens from any and all damage you may cause Alan Stevens, its business, or the Website due to your interaction with the Website including without limitation your contributions, if any to the Website.
13.2. You indemnify and will keep indemnified and hold harmless Alan Stevens, its officers, employees and agents against any loss or damage of any kind that is either excluded under the Terms, including from any third party claim, for any property or injury to or death of any person, or caused as a result in any way by a breach by you of the Terms, any negligent act or omission or wilful misconduct of yours or any claim, suit or action brought against Alan Stevens as a result of your ordering, booking and receiving any Online Course, package or services.
13.3. This clause contains continuing separate obligations and it survives termination.
14.1. Alan Stevens reserves the right, without notice and in its sole discretion, to restrict or terminate your ability to use the Website, and to limit, block or prevent access to and use of this Website or any Online Course, including access to and use of your account or orders, without any liability to you. Failure by you to abide by the Terms revokes your authorisation to use the Website and to access any Online Course, package or services, including any licence granted.
14.2. Alan Stevens reserves its right to refuse service, terminate an order or change or remove the Website or Content at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by you in any way (including due to negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on the Order in any way, other than a refund that is expressly permitted under the Terms.
15. INTELLECTUAL PROPERTY
15.1. You acknowledge that Alan Stevens is the owner or licensee of all intellectual property rights in the Website and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, works or designs, which to avoid doubt are absolutely assigned to Alan Stevens.
15.2. You acknowledge and agree that all information and materials provided to you in the delivery of the Online Course, packages or services are the sole property of Alan Stevens. You are not permitted to use, distribute or in any manner share any materials or information received by you from Alan Stevens or any other party in the delivery of Online Course, packages or services to you.
15.3. Upon contributing or providing content of any kind to the Website, including via third party sites such as Facebook or Twitter, you immediately grant Alan Stevens a licence to use it for the purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and Online Course and you acknowledge that this clause is sufficient to give effect to the licence. You acknowledge that any contribution you make to the Website or via other sites, does not in any way give you a right, title or interest in the Content, the Website or the Online Course and you warrant to Alan Stevens you have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms. You warrant that any content contributed by you is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or
discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it.
15.4. All material published on the Website may, at Alan Stevens’s sole discretion, be edited, removed or republished for any reason whatsoever.
16. UPDATES & REVISIONS
16.1. We may revise and update these Terms from time to time and will publish the updated Terms on our Website. You acknowledge and agree that you are bound by these Terms as published from time to time including updated and revised Terms. Any Terms relating specifically to an Online Course will remain valid for the Term of the Online Course however any updated Terms will immediately apply prior to any renewal,
termination or expiration of any Online Course.
16.2. Alan Stevens recommends that you periodically visit this page to review and familiarise yourself with all Terms and review the Website generally to familiarize yourself with updates or revisions. We are not obliged to notify you prior to any changes to the Website or Terms, it is your responsibility to check the Website and Terms from time to time.
17. OTHER POLICIES
18.1. Unless otherwise expressly stated, these Terms prevail over any representation made on the Website or by Alan Stevens’ staff and personnel.
18.2. If either party fails to do anything it is entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing.
18.3. If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of this document is not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of New South Wales.
18.4. These Terms are an original work protected by copyright and cannot be copied or reproduced without permission in accordance with any applicable copyright laws.