Introduction

Welcome to Pure Reflections website available at www.purereflections.com.au orwww.juliemckenzie.com.  This website is owned and operated by Pure Reflections (ABN 85 842 209 560).

These Services Terms and Conditions (Terms and Conditions) apply to every client who uses our information, documents, software, and any other products and/or services that we provide (together referred to as “Services”).  Please read these Terms and Conditions carefully.  By using our Services, you agree to comply with and be bound by our Terms and Conditions.

The terms “us”, “our” or “we” refers to Pure Reflections, who operates this Site. The terms “you” or “your” refers to the Site user, collectively referred to as “the Parties” or each a “Party”.  Our Terms and Conditions, Privacy Policy and Website Terms of Use (available on our Site) govern the relationship between Pure Reflections and you in connection with the use of our Site and Services.

In using our Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions and contact us, and that you have read, accepted and will comply with our Terms and Conditions, and that you are 18 years or older. If you do not agree to these Terms and Conditions, do not use our Site and/or Services.

Legal Advice and Services

Pure Reflections does not provide legal advice. The information, services and other content provided on and through this Site, including information that may be provided on the Site and other content provided on any Linked Site, as defined in this Agreement, are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional. The information provided on this Site and Linked Sites, including information relating to medical and health conditions and treatments, is not intended as a substitute for advice from your Healthcare Professional. You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, before using any medication, or herbal or homeopathic product, or before adopting any treatment for a health problem.

Online Documents

Clients may purchase documents from our Site (Documents), on a pay-per-document basis, that entitles them to produce and download an unlimited number of Documents during the term of the subscription.

Should you choose to purchase a subscription, either, you will be deemed to have entered into a subscription contract with us. A contract is created once you agree to the Terms and Conditions and pay the relevant fee to us.

You authorise us to charge the credit or debit card you supplied for your initial purchase. If we are unable to charge a credit or debit card that you have provided, you agree to provide the details of another credit card, or pay the amount owed in some other manner as agreed between yourself and us.

You acknowledge and agree that if we are unable to charge a credit or debit card that you have provided, we will cease to provide Services to you and you will not be able to log into our Site until payment is made.

All prices displayed on Pure Reflections are in Australian Dollars and are inclusive of GST unless otherwise stated. Our prices and payment methods may be amended from time to time in our discretion.

Restricted Use 

You acknowledge and agree that:

(a)    the Site contains information that is licensed to us;

(b)   you are only permitted to use the Documents in the manner set out in these Terms and Conditions; and

(c)    copyright in the Documents belongs to Pure Reflections as set out in these Terms and Conditions.

Once you have purchased a Document, either through a pay-per-document or subscription plan, you are permitted to download and have access to the document for the allotted time.

You agree not to:

(a)    use the Site or Services for unauthorised or unlawful purposes (unauthorised use of the Site and any of our Services may be a criminal offence and/or give rise to a claim for damages);

(b)    re-sell or attempt to benefit in a commercial fashion from any of the content available on the Site;

(c)   post anything on the Site that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes copyright;

(d)   conduct surveys, contests, pyramid schemes or chain letters on the Site;

(e)     introduce any form of malicious software into the Site or Services; or

(f)    collect information about others on the Site without their consent.

You are NOT permitted to copy, reproduce, transmit electronically or otherwise use the Documents in whole or in part in order to re-sell them in any manner, whether in original form or amended in any way. The only exception to this is in relation to lawyers who have registered with us and requested and received written permission (including by email) to use the Documents as precedents.

Restricting Access

We reserve the right to restrict or terminate your access to our Site and any of our Services at any time without notice.

Competitors

Competitors, including anyone offering similar online services or documents of any kind, are not permitted to access or use any Information or Documents accessible on Pure Reflections and are not permitted to use our Site.

Cancellation by Us

Should we deem that you are acting contrary to the spirit of the Site, potentially using our Services for commercial gain, or in a manner which could damage our business and repute, we reserve the right to exclude you from the Site immediately.

Personal and Confidential Information

You consent to us providing information, including personal information and Confidential Information, to Pure Reflections to provide information, products and services to you, and to agents, contractors and sub-contractors, who assist us in providing information, products and services to you.

We and you, including employees and contractors, agree not to disclose Confidential Information to additional third parties; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.

Feedback and Dispute Resolution 

Your feedback is important to us.  We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us at support@purereflections.com.au

If there is a dispute between the Parties in relation to these Terms and Conditions, the Parties agree to the following dispute resolution procedure:

(a)    The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.  The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(b)   If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms and Conditions, by law or in equity.

Limitation of Liability and Disclaimer 

The information, including statements, opinions, documents and materials contained in this Site (Information) is for general information purposes only. The Information does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Information, and any use of the documents on the Site or our Services is at your own risk.  If you are not satisfied with any part of the Site, our Services or these Terms and Conditions, you should contact us, and cease using our Services.

Services: It is your responsibility to ensure that any Services or Information available through the Site meet your specific requirements. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. Information provided on the Site and Services must not be relied upon for legal decisions; you should instruct a solicitor for legal advice and services.

Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.

General: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Information, Services and these Terms and Conditions, except as set out in these Terms and Conditions.  To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of the Information, Site or our Services, including damages for loss of use and/or loss of data, arising out of the performance of the Site and/or Services.

This clause will survive termination of these Terms and Conditions.

Indemnity 

You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms and Conditions; (iii) and any misuse of the Services; from or by you, your employees, contractors or agents.

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

The obligations under this clause will survive termination of these Terms and Conditions.

Communications

We are not under any obligation to monitor any communications entered into regarding the Services, but we have the right to check and investigate any such communications. We reserve the right to revoke your ability to communicate on the Site and/or to use our Services immediately at any time for any reason.

We do not endorse the content of any information posted on the Site other than that posted by one of employees or service providers.

Modifications

We reserve the right to amend in any way we see fit the Documents, and the Terms and Conditions under which the Services are offered, including but not limited to the costs associated with the use of the Site, our Services and our refund policy, without notice to you.

You agree that by continuing to use the Site and our Services after the date of any amendment to the Terms and Conditions you are agreeing to the relevant amendments.

General

Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). Our Privacy Policy sets out the manner in which we Pure Reflections treat your personal information.

Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

GST: If and when applicable, GST payable on our Services will be set out on our Invoices.  By accepting these Terms and Conditions you agree to pay us an amount equivalent to the GST imposed on these charges.

Relationship of parties: The Terms and Conditions are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

Severance: If any provision (or part of it) of the Terms and Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms and Conditions cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and remaining part of the provision) of the Terms and Conditions are valid and enforceable.

Jurisdiction & Governing Law: The Terms and Conditions are governed and construed in accordance with the laws of QLD, AUSTRALIA. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of QLD, AUSTRALIA.

Entire Agreement: These Terms and Conditions make up the entire agreement between you, us and Pure Reflections, and supersede any prior agreement, understanding or arrangement between you, us and www.purereflections.com.au& www.juliemckenzie.com, whether oral or in writing.

Definitions

Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.

For questions and notices, please contact us at:

Pure Reflections  (ABN 85 842 209 560)

PO Box 1518, Mooloolaba Q 4557

General support: support@purereflections.com.au