A. TERMS 

1. Application of Terms and Conditions 

1.1. You agree to be legally bound by the Terms and Conditions when you do any of the following: 

(a) viewing, browsing, accessing or otherwise using the Website; 

(b) indicating that you agree to the Terms and Conditions when registering a Reiss Motivation Australia Account. 

1.2. Your access to, and use of, the Website, is subject to all conditions specified in the Terms and Conditions. 

 

2. Member Registration 

2.1. You may need to register a user account to access specific sections of the Website (Reiss Motivation Australia Account). 

2.2. When you register and activate your Reiss Motivation Australia Account, you will provide us with Personal Information such as your name and email address. You may also provide us with the Personal Information of third parties for the purposes of sending invitations to them to register and activate a Reiss Motivation Australia Account. You must ensure that this information is accurate and current. 

2.3. When you register and activate your Reiss Motivation Australia Account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under your account. 

2.4. If you are under the age of 12 years, you will not be able to create a Reiss Motivation Australia Account. If you are 12 or older but under the age of 16, upon creating a Reiss Motivation Australia Account, you represent that you have reviewed the Terms and Conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Terms and Conditions. If you are a parent or guardian permitting a person under the age of 16 (“Minor” to create a Reiss Motivation Australia Account, you agree to  

(a) exercise supervision over the Minor's use of the Website; 

(b) assume all risks associated with the Minor's use of the Website, including the transmission of content or information to and from third parties via the Internet; 

(c) ensure that the content and information that the Minor may encounter on the Website is suitable for the Minor; 

(d) assume any liabilities resulting from the Minor's use of the Website; 

(e) ensure the accuracy and truthfulness of all information submitted by the Minor; and 

(f) provide the consents contained in the Terms and Conditions on behalf of the Minor. 

2.5 If you are a Minor, we may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to the Terms and Conditions on your behalf, and, even if we do not do this, we will assume that this is the case and will provide you with a Reiss Motivation Australia Account (which you have requested) on this basis.  

 

3. Personal Information 

3.1. By providing your Personal Information to us, you consent to our collecting, handling, using and disclosing that information in accordance with our Privacy Policy. 

3.2. We may collect the Personal Information of third parties from you where the Goods and Services you have requested involves us: 

(a) sending an invitation to those third parties to create a Reiss Motivation Australia Account; or 

(b) contacting those third parties for some other reason connected with the relevant Goods and Services. 

3.3. Before providing us with the Personal Information of any third parties, you must: 

(a) inform each third party that we will collect their personal information from you for the purpose of sending invitations to them to create a Reiss Motivation Australia Account or for another purpose connected with the Goods and Services we are providing to you; and 

(b) provide each third party with a link to our Privacy Policy. 

By providing the Personal Information of any third parties to us, you confirm that you have complied with the above terms prior to disclosing this information to us. 

 

4. Purchases 

4.1. If you purchase any Goods or Reiss Motivation Australia Content from us, the terms in this clause will apply. 

Order 

4.2. Any order placed by you for Goods and Services on the Website (Order) is an offer to purchase the Goods and Services you have selected for the Fees and any Delivery Charges specified on the Website (at the time you place your Order). 

4.3. We may accept or reject your Order at our discretion. If we reject your Order, we will notify you of that rejection and refund any Fees and Delivery Charges paid which are related to your Order. 

Fees & Payment 

4.4. The Fees are as displayed on the Website from time to time. We reserve the right to change those Fees and Delivery Charges at any time. 

4.5. Unless specified otherwise, the Fees and Delivery Charges displayed on our website are shown in Australian dollars (AUD) and are inclusive of GST. 

4.6. We may need to change the Fees payable by you after you have placed an Order, but prior to our fulfilment of the Order, due to increases in our supply or delivery costs or because of a price listing error. You may cancel an Order in writing if there is a change in the Fees and do not wish to accept the change. 

4.7. The Price and any Delivery Charges applicable to your order can be paid through the functionality provided on the Website for credit card payments (which may be via an e-commerce payment provider). 

4.8. If we use a third-party e-commerce payment provider to process payment of Fees and any Delivery Charges, your use of that platform is governed by the applicable terms of service for that payment provider.  

Hosting of Reiss Motivation Australia Content 

4.17. The Reiss Motivation Australia Content may be hosted on, and accessible via, a third-party platform (Hosting Platform). Your use and interactions with the Hosting Platform are governed by the terms and conditions or similar agreement in place which governs using and accessing these platforms (Hosting Platform TOS). You agree to comply with the Hosting Platform TOS, as applicable.  

Refunds Policy 

4.18. We offer refunds and other remedies for Goods and Services purchased from us in accordance with your rights under the Australian Consumer Law, and as specified under the Terms and Conditions. 

4.19. Once your Order has been placed, you cannot cancel the order before it is fully processed.  

4.20. Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures, you are entitled to seek a a refund for the unused portion or compensation for its reduced value. 

You are also entitled to a refund due to technical issues or a major failure preventing you from completing your profile,  

If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel your original order.  

Refunds or rectifications cannot be given for reasons such as change of mind, not following instructions or failure to not understand properly the profile or surrounding information.  

4.22. If you wish to obtain a refund or exchange for any of the Goods and Services, please contact us at info@reissmotivation.com with the following information: 

(a) your order number; 

(b) the reasons that you wish to return/request a refund for the relevant Goods and Services; and 

(c) whether you would like an exchange (for Goods only), or a refund of any Fees paid. 

 

5. Intellectual Property 

5.1. The Intellectual Property subsisting in the Reiss Motivation Australia Content (Reiss Motivation Australia Content IP), and Website (Website IP), is exclusively owned and controlled by us or our third party licensors and is protected by Australian and international law governing intellectual property rights. The Website IP and Reiss Motivation Australia Content IP remains the exclusive property of us or our third-party licensors. 

5.2. We provide you with a non-exclusive, non-sublicensable, revocable, worldwide and non-transferable licence to: 

(a) access and use the Website IP strictly as required for the ordinary, personal and non-commercial use of the Website; 

(b) use the Reiss Motivation Australia Content IP enabled by us for your access: 

 (i) for the purposes of accessing and viewing the Reiss Motivation Australia Content IP on 

 your electronic device for personal use; and 

 (ii) for the period which is the Subscription Period (where applicable). 
5.3. Subject to clause 5.2, you are not permitted to save, download, reproduce, publicly show, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP or Reiss Motivation Australia Content IP (including by authorising third parties to do any of these things) unless you have our express prior written authorisation. Any unauthorised use of Website IP or Reiss Motivation Australia Content IP by you is strictly prohibited. 

5.4. You hereby grant us a worldwide, non-exclusive, perpetual, transferable, sub-licensable, royalty-free licence to use, reproduce, copy or adapt your User Content for the sole purpose of providing you with the Goods and Services in connection with the Website. 

5.5. If you wish to use the Website IP or Reiss Motivation Australia Content IP beyond the rights provided in clause 5.2, please contact us at info@reissmotivation.com to make a licensing request. Please include the following details with your request: 

(a) a description of the Website IP or Reiss Motivation Australia Content IP which you wish to licence; 

(b) a description of the purposes for which you wish to use the Website IP or Reiss Motivation Australia Content IP, for example communicating the Reiss Motivation Australia Content IP to members of your educational institution or workplace; and 

(c) the duration for which you require the licence. 

 

6. Permitted use of our Websites: 

6.1. You must not: 

(a) use any Website for any purpose that is illegal, unlawful, infringes upon the rights of any third party, or is prohibited by the Terms and Conditions; 

(b) interfere or attempt to interfere with the proper working of any Website, or obtain or attempt to obtain unauthorised access to the Website, including (without limitation) through hacking or use of automated devices, scripts or bots, destructive transmission of viruses, reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code of the Website, or other illegitimate means; 

(c) contact Users of any Website for the purpose of sending unsolicited offers, advertisements, spam or junk e-mails; 

(d) contact Users of any Website for the purpose defaming, abusing, threatening or defrauding them; 

(e) use any Website to impersonate any entity (including us), or falsely claim an affiliation with any person or entity; 

(f) scrape or otherwise obtain any data (such as by data mining) from any Website for any purpose; or 

(g) use any Content to spam third parties. 

6.2. You must comply with all laws and regulations applicable to the use of any Website. You are solely responsible for your conduct  while using the Websites. 

6.3. We reserve the right to exercise any lawful means we deem necessary to prevent unauthorised use of the Website by you in breach of the Terms and Conditions, including technological barriers, blocking your continued access to any Website, IP mapping, and directly contacting your internet services provider (ISP) regarding the unauthorised use of our Websites. 

 

7. Disclaimers 

7.1. To the extent permitted by law, the Goods and Services are provided to “as is”, and we do not provide any representations, guarantees or warranties to you that the Goods and Services will be suitable or fit for any purpose, or provide any mental or physical health benefit. 

7.2. To the extent permitted by law, you are solely responsible for compliance with all laws and regulations applicable to your use and enjoyment of the Goods and Services. 

7.3. We are not responsible, and disclaim any legal responsibility or liability to you, for the following: 

(a) User Content or other material that is created, or otherwise appears via the Website. We do not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Website; 

(b) ensuring that the Reiss Motivation Australia Content, or other information or content available on the Website, is complete, accurate, reliable, up-to-date and available; 

(c) any content which can be accessed through hyperlinks on the Website to third-party websites, or any third-party information or content which appears on the Website (Third Party Content). All Third Party Content is the responsibility of its author or publisher, and we do not endorse, support, represent or guarantee the accuracy, completeness or reliability of that content. 

 

8. Exclusions and Limitations of Liability 

8.1. If you are a Consumer, the sale of the Goods and Services comes with consumer guarantees under the Australian Consumer Law (Consumer Guarantees). If you are a Consumer, nothing in the Terms and Conditions is intended to limit or exclude your Consumer Guarantees. 

8.2. Except for liability in relation to breach of any obligation, condition, warranty or guarantee (including the Consumer Guarantees under the Australian Consumer Law), the exclusion of which under a contract would contravene any statute or cause any part of the Terms and Conditions to be void (Non-Excludable Conditions), we (including our Representatives) exclude our liability to you for all types of Loss resulting from the Goods and Services however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise). This includes (without limitation) any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any direct, indirect or Consequential Loss. 

8.3. If we are not able to exclude our liability to you, but are able to limit your remedy for a breach of any Non-Excludable Conditions, then our liability for a breach of any Non-Excludable Conditions is limited to one or more of the following at our option: 

(a) for goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and 

(b) for services, the supply of the services again, or the payment of the cost of having services supplied again. 

8.4. If we are not able to exclude liability to you, and not able to limit our liability to you in the way provided under clause 8.3, then to the extent permitted by law, our liability is limited to the Fees paid by you for any Goods and Services. 

8.5. Subject to the application of any Non-Excludable Conditions, you hereby release us and our Representatives from any Loss, Claim or other liability that you suffer or incur (whether based in negligence or any other tort, contract, statutory liability or otherwise) which arises from, or is connected with, any of the following: 

(a) your use of, or inability to use, the Website; 

(b) your use of, and reliance upon, any Content; 

(c) accessing hyperlinks to third-party websites provided on the Website by us or other Users. 

 

9. Indemnity 

9.1. You agree to indemnify us and our Representatives, and must keep us and our Representatives indemnified, against any Loss or Claim that we or our Representatives suffer on incur (whether based in negligence or any other tort, contract, statutory liability or otherwise) that arises from, or is connected with, your breach of any term of the Terms and Conditions. 

9.2. This indemnity in clause 9.1 is a continuing obligation, independent from the other obligations under the Terms and Conditions and continues after the Terms and Conditions expire or is terminated. 

 

10. Termination 

10.1. The Terms and Conditions may be terminated: 

(a) by mutual written agreement; 

(b) by a party, if the other party breaches a term of the Terms and Conditions which is not capable of remedy, or which is capable of remedy and has not been remedied within 14 days of receiving written notice (which, for notice sent to us, must be sent to info@reissmotivation.com with the subject line “Notice of Breach”) from the non-breaching party detailing the extent of the breach. 

10.2. For the avoidance of doubt, the use of Website IP or Reiss Motivation Australia Content IP other than as permitted under clause 5.2, and any breach of clauses 5 and 6 by you, is considered a breach of the Terms and Conditions which is not capable of remedy and will provide us with the right to immediately terminate the Terms and Conditions with you under clause 10.1(b). 

10.3. Any rights and obligations under the Terms and Conditions, which by their nature would reasonably continue beyond the expiration or termination of the Terms and Conditions, will survive the expiration or termination of the Terms and Conditions. Without limiting the clauses that will survive, the parties agree clauses 5, 7, 8, 9, 10 and 11 survive the expiration or termination of the Terms and Conditions. 

 

11. Jurisdiction & Choice of Law 

The Terms and Conditions will be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, including (without limitation), the registries of the Federal Court of Australia and Federal Circuit and Family Court of Australia located in Victoria. 

 

12. Variation 

We may vary the Terms and Conditions at any time. If you have a Reiss Motivation Australia Account, notice of any variations will be provided to you via the e-mail address linked to your Reiss Motivation Australia Account, and a reasonable notice period will be given prior to any variations to the Terms and Conditions becoming effective. Your continued use of the Website after the effective date of variation of the Terms and Conditions will be bound by the Terms and Conditions as varied. If you do not agree to the Terms and Conditions as varied, you should not continue accessing the Website. 

 

13. Miscellaneous 

13.1. Apart from the Refund Policy, which will take precedence over the Terms and Conditions to the extent of any inconsistency, the Terms and Conditions contain the entire agreement between the parties in relation to its subject matter.  

13.2. A waiver by any party of any term or condition of the Terms and Conditions in any instance will not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. 

13.3. Any term, condition or warranty not expressly stated in the Terms and Conditions that may otherwise be implied into the Terms and Conditions is excluded. 

13.4. If any provision of the Terms and Conditions is determined for any reason to be unenforceable or invalid, that provision will be read down to the extent of such unenforceability or invalidity, or if not capable of being read down, then it will be deemed severed from the Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. 

13.5. In the Terms and Conditions: 

(a) singular includes the plural and vice versa; 

(b) words such as including or for example do not limit the meaning of the words preceding them; 

(c) an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally; 

(d) a reference to the Terms and Conditions, includes the Terms and Conditions as assigned, novated, altered, supplemented or replaced from time to time; 

(e) a reference to a statute includes regulations and other instruments under it, and consolidations, amendments, re-enactments or replacements of any of them; and 

(f) the Terms and Conditions should not be construed to the disadvantage of a party because the party was responsible for the preparation of the Terms and Conditions or any part of it.