Terms of service.

Your requirements and guidelines for contacting Coach Samantha Jackson or Administration staff of Beyond Limits Health:

Contact with Coach Samantha Jackson:

Purchasing a program from Coach Samantha Jackson (including but not limited to The Peak Physique Club, 5-Week HealthKick, 5-Day HealthKick or The HealthKick Community) does not include email or social media communication with Samantha Jackson. Direct, guaranteed contact with Samantha Jackson is through the fortnightly live Q&A calls in the HealthKick Community subscription membership or through mutually agreed upon & paid for consultations.

For the HealthKick Community:

Questions and queries of a simple and general nature ONLY can be asked inside the private facebook group of the HealthKick Community or sent to community@samanthajackson.coach. Coach Samantha Jackson and the Beyond Limits Health Admin Team will endeavour to respond within 48 business hours. Contact in this manner is NOT a private coaching service or a source of personalised nutrition and/or exercise information. Please understand that any queries regarding the personal circumstances of your health should be answered by a healthcare professional who knows you.

Please do not reach out to Samantha Jackson or any part of the Beyond Limits Health Admin Team via their personal social media accounts.

If you would like direct help and access to Coach Samantha Jackson, you can fill in the ‘Contact Me’ section of the www.samanthajackson.coach website and request a video-call appointment, which will be at an upfront cost of $150 for 30 minutes.

Returns Policy

Due to the nature of digital products, we will not offer a refund for a simple change of mind or if you deem the program unsuitable for any reason (as it is your responsibility to determine if the product is suitable to your personal circumstances BEFORE purchase), therefore it is completely up to you to read the product page thoroughly before you make the transaction. Since the products made available here are intangible, refunds are only considered when the below conditions are met;

  1. A full refund for the 3 Week Body Reset is only issued if:
    - It is within 60 days of your purchase date AND
    -  All of the pre-work videos must be watched inside the program (we can see this at our end)

  2. You explain to us clearly how the plan isn’t or hasn’t offered you any health benefits at all. Remember, we are not responsible for your weight loss as this varies from person to person and diet is only one tiny factor that plays a part. You agree to this already when you join and pay for the program.


Refunds will NOT be issued for the cost of an eBook if you bought the 3 Week Body Reset as a bundle offer with other eBooks.

Expectations :

Coach Samantha Jackson provides content and services as a guideline and the material used in the programs are carefully designed to assist both men and women to achieve their desired results - however it is extremely important to understand that every person is different and results will always vary from person to person.

Coach Samantha Jackson is not responsible for your outcomes, which may or may not include ‘weight’ loss, fat loss, muscle gain, the amount you lose or what happens to you when you follow her advice due to the extremely high amount of contributing factors that affect body composition and metabolism.

Testimonials may be utilised to showcase the results gained by that certain individual. These personal results may or may not reflect the results you may achieve. All results will vary and your personal experience cannot be comparable to that of a testimonial of another individual.  

Important health disclaimer and your responsibility as a user:

Before engaging in any new health lifestyle or adopting a different way of eating, Coach Samantha Jackson strongly suggests that you seek guidance from your primary healthcare provider to consider the suitability of the plan. The services and advice provided by Coach Samantha Jackson and Beyond Limits Health are not designed to replace, substitute or contradict such advice.

You should always remain in the care of your primary health care provider, particularly if you currently have or potentially have any health or medical concerns, are pregnant or breastfeeding. The creator and her respective employees, agents and authors are not liable for injuries or damage occasioned to any person as a result of reading or following the information contained in the programs. This is inclusive to your physical, emotional or mental wellbeing.

Never use our site, podcast, products, social media, ebooks or any other content as a replacement or reason to not remain in the care of your health care provider team.

We advise that the information contained inside the programs do NOT negate personal responsibility on the part of the user for their own health and safety. None of the content or products on offer on our website, podcast, products, social media, ebooks or app is designed to treat, alleviate, improve or diagnose any health or medical conditions.

Never refrain or delay seeking the advice of your primary health care team in place of information provided by our website, ebooks, app or social media content.

The user agrees that the user shall not have, make or bring an action, suit, claim, demand or proceedings against Coach Samantha Jackson or Beyond Limits Health for damages, compensation, losses, costs, expenses, orders or any other legal or equitable remedy should any such material be found to be incorrect, inaccurate, erroneous, defective, deceptive or misleading, whether caused by negligence of Coach Samantha Jackson or Beyond Limits Health or any other cause whatsoever.

Nutritional information

The nutritional information within any products sold by Coach Samantha Jackson and/or Beyond Limits Health, their social media or any other public forum is based on years of study, experience & research by Samantha Jackson. However, before relying on any nutritional information provided by Coach Samantha Jackson and/or Beyond Limits Health and any of it’s third parties, you must carefully consider the relevance, suitability and accuracy for your individual purposes and/or health particularities. You are strongly encouraged to seek additional expert advice from your primary health care team prior to commencing to check for suitability. We do not give any guarantees that the information on offer is completely free from error or will be suitable for you. The advice provided is general in nature and will not cater for everyone.

Given the international nature of Coach Samantha Jackson’s programs and as the composition of foods can vary geographically, the nutrient data published will be a representation of a particular sample of foods / ingredients / recipes at a particular time and variances will need to be considered.

General Terms of Use

  1. In purchasing any Product through the www.samanthajackson.coach Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price'). It is your responsibility to read the sales page carefully and understand the price before you buy. 

  2. Payment of the Purchase Price may be made through credit card, Google pay or Apple pay. All payments made are managed by a third party payment gateway, Stripe. All card information is handled over SSL encryption.

  3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. 

  4. Following payment of the Purchase Price being confirmed by Coach Samantha Jackson and/or Beyond Limits Health, you will be issued with a receipt to confirm that the payment has been received and Beyond Limits Health may record your purchase details for future use.

Fees, Charges, Payment Policy, Terms of Use and Product Access for Coach Samantha Jackson Beyond Limits Health

Monthly HealthKick Community Subscription
Price: US $29.00 / Month
Billing Frequency: Monthly
Billing Method: Stripe

By providing your credit card details, you authorise Beyond Limits Health to charge your credit card at the agreed rate for your membership on an ongoing basis in accordance with our payment policy contained in these Terms of Use (“Subscription”). Monthly membership users are billed each month.

All memberships will automatically renew unless canceled at least 24 hours prior to the next rebill date. There will be no increase in your membership price when it renews. Subscriptions can be managed by logging into the portal, selecting ‘update payment info’ in the footer and updating your account details or by emailing community@samanthajackson.coach. Once a membership has commenced, no refunds will be provided for any unused portion of the membership.

No refunds will be provided if you don’t cancel your membership before your next billing date. It is your responsibility to manage this.

If you decide to cancel before your next billing date, no refunds will be granted for the unused time. You will have access to everything until your next billing date (6 months from purchase date). You also understand that you are responsible for any missed or failed payments due to canceled, changed, or altered payment information that you do not provide to us.

Failure to pay does not cancel your membership payment obligation. If we cannot collect your monthly payment, your membership will be canceled by us and an outstanding balance will be placed on your account. You are responsible for all outstanding membership balances whether or not you maintain an active membership. We reserve the right to collect any and all payments due to us using a third-party debt collection agency.

If you wish to cancel your membership or change your card details, you must do so by clicking either of the options ‘Cancel / pause your membership’ or ‘update card details’ which are found in the footer inside your HealthKick Community program. You can also contact community@samanthajackson.coach for us to do it for you.

You will have access to the HealthKick Community members portal whilst you have a current membership that you are paying for. Once your membership is canceled, you will lose access to the portal once the billing date is reached. We will not be supplying digital copies of any content whilst you were a paying member. If you do return to a paid membership, you will once again have access to all previous library resources.

We may offer introductory promotional pricing from time to time. Introductory promotional pricing is only available to new memberships. If you have used a free trial or introductory promotional pricing with Coach Samantha Jackson or Beyond Limits Health previously, you will not be eligible to receive a similar offer again.

Coach Samantha Jackson’s Five Week HealthKick

This is available to access from the www.samanthajackson.coach website, or via the Membership portal emailed to you upon joining. All payments made through the website are managed by a third party payment gateway, Stripe (www.stripe.com“). All card information is handled over SSL encryption.

5 Week HealthKick
Price: US $99.00
Billing Frequency: One time payment
Billing Method: Stripe

By selecting this product (including any introductory promotional pricing) and providing your credit card details, you authorise Coach Samantha Jackson Beyond Limits Health to charge your credit card at the agreed rate for your pricing option in accordance with our payment policy contained in these Terms of Use (“Membership”).

Promotions, discounts, bundles:

This product may be available with limited time promotions occasionally or sold with other products as bundles. The pricing therefore will vary from time to time.

You will have access to the 5 Week HealthKick for life via the www.samanthajackson.club members portal. Access may be revoked if you are in breach of any of the Terms or conditions or privacy policy explained here.

Facebook Group Terms and Rules

  1. This is a space for members to interact, although Coach Samantha Jackson will ‘pop in’ to the group regularly to interact & engage with members she is unable to provide specific or personal advice in this forum. Questions answered directly by Coach Samantha Jackson in the Facebook are a bonus and not to be an expectation. If you want direct access to Coach Samantha Jackson, the HealthKick Community Member Area is the place to do this. She does fortnightly live q&a calls and will answer more questions and interact more freely in this closed environment.

  2. No Customer Support Questions. Portal not working? Forgot password? Link not working? Any sort of customer support questions are not allowed in this group. Please email the Beyond Limits Health Admin Team on community@samanthajackson.coach for assistance.

  3. Be Kind. We're all in this together to create a welcoming environment. Let's treat everyone with respect. Healthy debates are natural, but kindness is required.

  4. Respect Everyone's Privacy. Being part of this group requires mutual trust. Authentic, expressive discussions make groups great, but may also be sensitive and private. What's shared in the group must in the group.

  5. No Promotions or Spam. Give more than you take in this group. Self-promotion, spam and irrelevant links aren't allowed.

  6. Disclaimer. All advice and replies given in here offers eating and lifestyle suggestions that are in accordance with the Coach Samantha Jackson philosophy that Samantha Jackson has developed after years of study, research and experience. However, whilst it can assist, it's not intended to replace or heal any medical conditions. If you have any major health conditions, please seek medical advice in conjunction with this lifestyle.

About the Website(s)

  1. The Websites (being any pages of www.samanthajackson.coach) provide you with an opportunity to browse and purchase various products that have been listed for sale through the Websites (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services'). The content of this website is for your general information and use only. It is subject to change without prior notice.

  2. The Websites are operated by Coach Samantha Jackson of Beyond Limits Health (ABN 34 101 451 106). Access to and use of the Websites, or any of its associated Products or Services, is provided by Coach Samantha Jackson and Beyond Limits Health. Please read these terms and conditions (the 'Terms') 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. Coach Samantha Jackson and Beyond Limits Health reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Coach Samantha Jackson or Beyond Limits Health 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. Before you continue, we recommend you keep a copy of the Terms for your records.

 

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 by Coach Samantha Jackson in the user interface.

If you do not agree to the terms and conditions contained in this Agreement, Website Terms of Use or our Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.

 

Registration to use the Purchase Services (Including but not limited to 5 Week HealthKick and The HealthKick Community)

  1. In order to access the Purchase Services, you must first register as a user. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including: 

    1. Name

    2. Email address

    3. Password

  1. You warrant that any information you give to Coach Samantha Jackson and Beyond Limits Health in the course of completing the registration process will always be accurate, correct and up to date.

  2. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

  3. You may not use the Purchase Services and may not accept the Terms if:

  • You are not of legal age to form a binding contract with Coach Samantha Jackson and Beyond Limits Health (18 years); or

  • You have an eating disorder or pre-existing medical condition and are not under the guidance of a medical professional, psychologist, psychotherapist or counsellor.


     

Your obligations as a Member of the HealthKick Community

As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by the terms:

  1. You have the sole responsibility for protecting the confidentiality of your password and email address. Use of your email address and password by any other person may result in the immediate cancellation of the Purchase Services;

  2. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Coach Samantha Jackson and Beyond Limits Health of any unauthorised use of your password or email address or any breach of security of which you have become aware;

  3. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute or share content to others, print or screenshot multiple copies to share, or use the content for public display unless it is a screenshot of part of the portal where you cannot see the entire recipe or any education and you are sharing it on your instagram and tagging @samanthajackson.coach.

  4. You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members 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 Purchase Services. Appropriate legal action will be taken by Coach Samantha Jackson and Beyond Limits Health for any illegal or unauthorised use of the Website; and

  6. You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

 

Copyright and Intellectual Property

  1. The Website, the Purchase Services and all of the related products of Coach Samantha Jackson and Beyond Limits Health 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Coach Samantha Jackson, Beyond Limits Health and/or its contributors.

  2. Coach Samantha Jackson and Beyond Limits Health retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: 

    1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Coach Samantha Jackson or Beyond Limits Health; or

    2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

    3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

      You may not, without the prior written permission of Coach Samantha Jackson and Beyond Limits Health 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 Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.


Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute or share content to others, print, record or screenshot multiple copies to share or use the content for public display unless it is a screenshot of part of the portal where you cannot see the entire recipe or any education and you are sharing it on your instagram and tagging @samanthajackson.coach. Doing so will be in breach of copyright laws and failure to comply will see your access immediately revoked and possible legal action can be taken depending on the severity.

 

Privacy

Coach Samantha Jackson and Beyond Limits Health take your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to  Coach Samantha Jackson and Beyond Limits Health Privacy Policy.

Facebook Privacy

You must not privately message or reach out to another member for any reason unless explicitly invited by that member. Any negative comments regarding the products, Coach Samantha Jackson or the Beyond Limits Health team and any third parties or encouraging other members to engage in such negative behaviour will see you removed from the group instantly and your access to the portal revoked. Legal action may come against you.

We may, occasionally, share screenshots of your posts for social media and advertising purposes to encourage other participants but your photo and name will always be blocked out to remove your identity, unless you give us written permission over email or instagram to share your results with your name and/or photo. Your privacy is important to us.

Coach Samantha Jackson has designed all of her programs extremely carefully and thoroughly with her experienced, science-based knowledge. Your absolute BEST answers to your questions live inside your program. This should be your number one source of education, not reaching out to other members within the facebook community for nutrition advice who have also, just begun the program (as that may affect your results). Extra questions that aren't found in the 5 Week HealthKick can be found and asked inside the HealthKick Community Membership.

Furthermore, If you ask a question & receive advice from other well meaning members within the facebook community, please use it for encouragement purposes only as it may be incorrect or, not in line with Coach Samantha Jackson’s principles or unsuitable for your body. Some people within the facebook community have only just begun their journeys, so their bodies reactions, progress and personal stories are unique to them. It is up to you to take advice within the facebook community with a grain of salt - ALWAYS know that your first point of call should be the information inside your HealthKick program.

Disclaimer: Whilst any of Coach Samantha Jackson’s programs can assist, they not intended to replace medical advice or heal any medical conditions. If you have any major health conditions, please seek medical advice in conjunction with this lifestyle

General Disclaimer

  1. You acknowledge that Coach Samantha Jackson and Beyond Limits Health does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

  2. Coach Samantha Jackson will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that the results from person to person and Coach Samantha Jackson or Beyond Limits Health is not responsible for your results or any changes in your person

  3. Nothing in these 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.

  4. Use of the Website, the Purchase Services, and any of the products of Coach Samantha Jackson and Beyond Limits Health is at your own risk. Everything on the Website, the Purchase Services, and the Products of Coach Samantha Jackson and Beyond Limits Health, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Coach Samantha Jackson make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Coach Samantha Jackson) 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 component, 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 Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

    3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products; 

    4. the Content or operation in respect to links which are provided for the User's convenience;

    5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

    6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

Limitation of Liability

  1. Coach Samantha Jackson and Beyond Limits Health’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Coach Samantha Jackson is the resupply of information or Purchase Services to you.

  2. You expressly understand and agree that Coach Samantha Jackson and Beyond Limits Health, its affiliates, employees, agents, contributors, third party content providers 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.

  3. Coach Samantha Jackson and Beyond Limits Health are not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Coach Samantha Jackson, by third parties or by any of the Purchase Services offered by Coach Samantha Jackson and Beyond Limits Health

  4. Coach Samantha Jackson and Beyond Limits Health, its affiliates, employees, agents, contributors, third party content providers and licensors will not be held responsible for any advise supplied by another member via the Facebook group. By following the advise given by a member outside of the company will be at your own risk. 

Termination of Contract

Coach Samantha Jackson and Beyond Limits Health 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. Coach Samantha Jackson is required to do so by law;

    3. the partner with whom Coach Samantha Jackson offered the Purchase Services to you has terminated its relationship with Coach Samantha Jackson or ceased to offer the Purchase Services to you;

    4. Coach Samantha Jackson is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

    5. the provision of the Purchase Services to you by Coach Samantha Jackson and Beyond Limits Health is, in the opinion of Coach Samantha Jackson, no longer commercially viable.

      Subject to local applicable laws, Coach Samantha Jackson and Beyond Limits Health reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Coach Samantha Jackson’s or Beyond Limits Health’s name or reputation or violates the rights of those of another party.

      When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Coach Samantha Jackson have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. 

 

Indemnity

You agree to indemnify Coach Samantha Jackson and Beyond Limits Health, 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 any Content you post through the Website;

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

  3. any breach of the Terms.

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 in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  2. 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.

  3. Resolution:
    On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: 

    1. Within  14 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,  14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the  Australian Mediation Association or his or her nominee;

    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 pre-condition 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.

    5. 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.

Termination of Mediation:
If 3 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.

Venue and Jurisdiction

The Purchase Services offered by Coach Samantha Jackson and Beyond Limits Health is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of  Western Australia, Australia. 

Governing Law

The Terms are governed by the laws of Western Australia, 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 pursuant to the laws of Western Australia, 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.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

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.