W1LL Pty Ltd
- These terms and conditions (Terms) are issued by Anytime Thandie Pty Limited as trustee for Anytime Thandie Trust (Thandie) and govern your use of all of the software platforms and offerings provided, owned and operated and/or issued for sale from W1LL Studio Surry Hills Pty Ltd, W1LL Pty Ltd and W1LL Move Pty Ltd (collectively, the Thandie Group).
- The Terms governing your use of www.w1ll.co and all other W1LL software platforms and offerings (the Platform) from W1LL Pty Ltd (ACN 617 149 667) trading as W1LL (us/we), are set out below.
- By using the Platform you agree to be bound by the Terms. Any ignorance by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the Platform. The Terms constitute the entirety of the terms and conditions of use with respect to the Platform unless otherwise expressly allowed for in writing by us.
- We reserve the right to vary any of the Terms, or any other policy or guideline regarding the Platform, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the Platform. You hereby agree to review the Terms and any other applicable policies and guidelines relating to the Platform periodically to be aware of any variations to the Terms and furthermore you acknowledge that the use by you of the Platform constitutes an agreement by you to by bound by the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must not use the Platform or purchase the Products
You, at all times:
- warrant that your use of the Platform does not violate any applicable laws;
- confirm that you have elected to use the Platform of your own free will;
- confirm that you have not previously been suspended or removed from the Platform;
- acknowledge that your use of the Platform may result in data usage charges from your mobile or internet provider;
- acknowledge that your use of the Platform may provide access to, and interaction with, third parties and their content, messages, images, or other materials;
- will always use the Platform, in a respectful, inoffensive and courteous manner;
- agree to provide accurate, current and complete information about yourself as you may be prompted by any registration forms on the Platform, including registration through any form of social media available to the public, currently or in the future, including but not limited to “LinkedIn”, “Facebook”, “Twitter”; and/or “Instagram” (Social Media), and you further agree to promptly update any information you provide to us in order to keep it accurate, current and complete;
- agree and acknowledge that registration through Social Media will allow us to have access to your Social Media content, subject to any content that is private and/or limited to that specific Social Media application;
- agree to maintain the security of your password and to keep your details correct and updated on the Platform;
- use the Platform at your own risk;
- agree that, you cannot create an account in the name or capacity of a corporate entity.
- Using the Platform in accordance with these Terms will allow you to elect to purchase to subscribe to our online content services on an ongoing basis (the Subscription) and purchase any products offered for sale on the Platform, as made available by us from time to time (the Products).
- In addition to the Subscriptions and Products available for purchase on the Platform, you agree and acknowledge that we may grant you access to a range of content and/or products created and sold by W1LL Pty Ltd from the Thandie Group, and/or our other Related Entities (as defined in the Corporations Act 2001 (Cth)), which content and products may vary from time to time, in our absolute discretion (the Affiliate Products).
- You agree and acknowledge that we are a distributor of the Affiliate Products, in that we obtain the Affiliate Products and allow you to purchase the Affiliate Products on the Platform.
- You agree and acknowledge that we are not responsible nor liable for any obligations that any entity within the Thandie Group may have to you.
- You acknowledge that we may use the information that you provide on the Platform in order to suggest Products and/or Affiliate Products that may be appropriate for your consumption. You acknowledge that any recommendations that we make are suggestions only and we make no warranty of any kind in relation to these suggestions and/or the Products and/or the Affiliate Products. You release us from all liability in this respect.
- You will create one individual account on the Platform, which will allow you to purchase the Subscription and/or the Products and/or the Affiliate Products (Your Account).
- You may only create Your Account if you are eligible to do so. You must be at least eighteen (18) years of age in order to be eligible to create Your Account and to purchase our Subscription.
- Your Account is not transferrable to any other entity or person. You are the sole owner of Your Account and only you can retain, access and use Your Account. Your Account is your full responsibility and you must keep Your Account in good, proper and fit-for-use condition. However, Your Account may be used by you in order for you to enter into platforms owned and operated by other entities of the Thandie Group.
- Your Account provides you with access to our payment facility for the Subscription, Products and Affiliate Products which payments are processed in accordance with clauses 6 and 7. You will be required to provide your payment method details through our payment facility, in order to purchase the Subscription and/or the Products and/or Affiliate Products.
Sale And Purchase
In order to purchase your Subscription, you must first create Your Account (the Subscription) and for any Products and/or any Affiliate Products:
- you agree to pay us the prices that we have allocated to those Subscription, Products and/or the Affiliate Products, by using the checkout process on the Platform. All prices on the Platform are in the relevant jurisdiction’s currency and, may sometimes incur GST. We reserve the right to vary the prices displayed of the Subscription, Products and/or the Affiliate Products at any time, in our absolute discretion, without notice to you. Any such changes to the prices of the Subscription, Products and/or the Affiliate Products will be visible and displayed on the Platform;
- we may accept payment credit cards including Visa and MasterCard and/or debit cards (W1LL Studio only). When making a credit card payment using the Platform, we use Stripe to ensure that your information is kept safe and secure or Ezidebit for W1LL Studio transactions. We may from time to time change the payment portal, in our absolute discretion, and without notice to you.
- the information on the Platform constitutes an invitation to treat, and your offer to purchase any Subscription, Products and/or Affiliate Products will not be accepted by us until your payment for the Subscription, Products and/or Affiliate Products has been successfully processed, we have received your payment in cleared funds, and you have received a receipt from us that includes the transaction number, and confirmation from us, which will confirm the Subscription, Products, or Affiliate Products that you have nominated to purchase (your Order).
- After you have paid for your Subscription in accordance with clause 6, you agree and acknowledge that:
- we will continue to charge you monthly in advance for the costs of the content or services provided to you pursuant to your Subscription until otherwise notified by you.
- your Subscription has a recurring payment feature and you agree to us charging you for these payments during the Subscription Period without further authorisation from you and until cancelled by you;
- we may vary the price of your Subscription at any time without notice to you. In this regard, you must regularly check the prices for subscribing as displayed on the Platform and you may elect to cancel your Subscription if you do not agree to any variations in the price of the Subscription, with one (1) months’ prior written notice to the following email address support@w1LL.zendesk.com or logging into your account and cancelling your subscription; and
- If you wish to cancel or vary your Subscription, you may do so by logging on to your account and changing your account details. You may also email us providing us with one (1) months’ prior written notice to the following email address: support@w1LL.zendesk.com. This termination / variation will not take effect unless you have had the Subscription for at least sixty (60) days and until you receive confirmation from us in writing that we have processed your request. In the event that you do not receive this notification within ten (10) days of completing the request, please contact us at support@w1LL.zendesk.com .
- Our Subscription may contain access to our Products and/or Affiliate Products, which may provide you with external links to purchase such items, which may vary from time to time, as determined in our absolute discretion.
- We reserve the right not to renew your subscription for any reason and at any time, in our absolute discretion.
Shipping & Delivery
- Either we or the manufacturers of the Affiliate Products will deliver the Products and/or Affiliate Products to the postal address that you provided to us on the Platform, and you agree that ownership of, and risk relating to, the Products and/or Affiliate Products passes from us to you as soon as the Products and/or Affiliate Products are delivered to your address. You must ensure that the nominated postal address that you have provided in Your Account is correct. You release us from any liability arising out of our failure to deliver the Product and/or the Affiliate Product to you, as a result of your incorrect insertion of a postal address in Your Account.
- During the ordering process, we will advise you of a delivery date for the Products and/or Affiliate Products. In the event that you do not receive the Products and/or Affiliate Products within this time, you must promptly notify us via email, by including your name, contact details and your Order number, at which point we may assist you to locate the Products and/or Affiliate Products, in our absolute discretion. We will not be liable for any costs, damages or losses caused by or related to the postage of the Products and/or Affiliate Products, or the timing of the delivery of the Products and/or Affiliate Products.
- Your Subscription will be processed and confirmation sent through the email address you provide to us on the Platform. You agree that ownership of, and risk relating to, the Subscription passes from us to you as soon as the Subscription is delivered to Your Account. You must ensure that the details in Your Account are correct. You release us from any liability arising out of our failure to deliver the Subscription to you, as a result of your incorrect insertion of your details in Your Account.
- In the event that you do not receive the Subscription within twenty-four (24) hours of your payment, you must promptly notify us via email at support@w1LL.zendesk.com, by including your name, contact details and your Order number, at which point we may assist you to locate the Subscription, in our absolute discretion. We will not be liable for any costs, damages or losses caused by or related to the postage of thel Subscription and/or Subscription, or the timing of the delivery of the Subscription.
You agree and acknowledge that:
- The Subscription, Products and/or Affiliate Products have not been sold to you by way of sample;
- no representations have been made as to the suitability of the Subscription, Products and/or Affiliate Products for any purpose, including but not limited to your fitness levels and/or health; and
- you have not made any representations to us regarding the purpose for which you intend to use the Subscription, Products and/or Affiliate Products
Cancellation, Returns And Refunds
- We reserve the right to cancel your Order at any time prior to ownership of the Subscription, Products and/or Affiliate Products passing to you, in which event, we will provide with a credit note in the amount of those Subscription, Products and/or Affiliate Products within a reasonable time.
- Notwithstanding the remainder of these Terms, you may not return Products and/or Affiliate Products if:
- you change your mind; or
- the Products and/or Affiliate Products are not suitable for return.
- You may cancel your Subscription services in accordance with clause 7(b). We may cancel your Subscription without notice to you, if we determine that you are misusing the Subscription in contravention of these Terms, including but not limited to, acting fraudulently, failing to have the required amount of funds available for payment of the Subscription, and/or failing to rectify a breach, as advised by us, within seven (7) days of receiving the notice of the breach.
- In the event that we are entitled to a cancel a Subscription, or Product or Affiliate Product, due to some fault or mistake in relation to the Subscription, or Product or Affiliate Product as listed on the Platform:
- we will contact you within one (1) day of the mistake or fault.
- We can contact you via the email address or the mobile number that you provided in Your Account; and
- we will provide you with a credit note to the value of the Subscription, or Product or Affiliate Product. If you would prefer a refund, you must immediately notify us.
- You may request a Refund where:
- you completed a transaction on the Platform, and the transaction has been charged to your credit card and/or debit card and/or Your Account, but you have not received the Subscription within twenty-four (24) hours of the transaction;
- you must contact us in accordance with clause 10(b) above, if you have not received the Product and/or Affiliate Product within the time frame stipulated in our ordering process to you, as outlined in clause 10(b); and
- we will provide you with a refund to the value of the Product within three (3) to twenty- one (21) business days.
Your use of the Platform and/or any other digital platforms associated with the Platform or us of the Thandie Group, may enable you to create, view, edit, post, transmit and/or store content which includes, but is not limited to, photos, videos, text, graphics, data, information, sound, the Social Media affiliate associated with Your Account and/or other materials (collectively, Your Content). You retain ownership rights in Your Content, unless we indicate otherwise, in our absolute discretion. You hereby:
- grant us and our Related Entities (as defined above) a non-exclusive, royalty-free, perpetual, transferable, worldwide, irrevocable and fully sub licensable and transferrable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform all or any part of Your Content in any media, now known or hereafter devised;
- acknowledge that we have the absolute discretion to delete, edit, modify or reject Your Content at any time;
- acknowledge that we have no obligation to maintain any confidentiality in relation to Your Content, to offer you any payment in any form in relation to Your Content, or to attribute any authorship to you in relation to Your Content;
- grant us and our Related Entities (as defined above) and sub licensees the right to use the name that you submit in connection with Your Content, if we so elect in our absolute discretion;
- represent and warrant that:
- you own and control all of the rights to Your Content that you have the lawful right to post or otherwise distribute to or through the Website;
- Your Content is accurate and not misleading; and
- your use and/or transmission of Your Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity,
- grant us the right to pursue at law any person or entity that violates your or our rights in Your Content by a breach of these Terms;
- you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of Your Content;
- you forever release us, the Thandie Group and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights;
- agree that we may use Your Content, in whole or in part, for our own commercial purposes;
- acknowledge that certain third parties may access encrypted and anonymous information associated with you, as a consequence of your use of the Platform, for the purposes of advertising and/or usage analytics, including but not limited to your mobile browsing data, mobile application data, non-precise location information and other non-precise information; and
- acknowledge that the third parties may allow you to opt out of providing the information referred to in 11(j), subject to the third parties’ own terms and conditions, and you release us from any liability regarding the third parties’ use and access to the information referred to in 11(j).
When accessing or using the Platform, you must not, at any time:
- use the Platform for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;
- use the Platform in any way that could damage our reputation or the goodwill or other rights associated with the Website or Our Content (as defined below);
- use or attempt to use another user’s account in any circumstances;
- harass, abuse, intimidate, bully, or otherwise offend any other user of the Website; violate any legislative, common law or equitable rights of any third parties;
- send any of Your Content which:
- contains unsolicited promotions, political campaigns, unauthorised advertising, spam, or solicitations;
- impersonates any person or entity or otherwise misrepresents your affiliation with any person, entity, product or service;
- encourages, constitutes or provides instructions for a criminal offence, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the Australian Stock Exchange or the NASDAQ;
- is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- contains viruses, corrupted data or other harmful, disruptive or destructive files; or
- in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose us or our Related Entities or its users to any harm or liability of any type.
You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:
- modify, discontinue, temporarily or permanently, your access to the Platform in whole or in part;
- assign our interests outlined in these Terms;
- run advertisements and promotions on the Platform, and in this regard we will not be a party to any dealings that you may have with any other entities as a result of these advertisements or promotions; and/or
- freeze or terminate your access to the Platform without prior notice to you.
- Except as otherwise expressly indicated by us in writing, the Platform and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Platform, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities or licensors and are protected by Australian and international copyright laws. The Platform and all of Our Content is copyrighted – (c) 2017 W1LL Pty Ltd trading as W1LL All Rights Reserved.
- We own all intellectual property rights in relation to the Platform and Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.
We hereby grant you a non-exclusive, limited, non-sublicenseable licence to access the Platform and Our Content, strictly in accordance with these Terms. This licence is revocable at any time by us in our sole discretion. In using this licence, you must not:
- use Our Content other than for its intended purpose;
- distribute or display Our Content without our prior permission;
- modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;
- use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;
- download any music and/or video content from the Platform, however, you are entitled to stream Our Content;
- use Our Content for any commercial use; or
- copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of the Website, including all page headers, custom graphics, button icons and scripts.
- To request permission for uses of Content not included in the foregoing licence, you must contact us by email to:
Website and/or the Website Administrator W1LL info@w1LL.co
Copyright Complaint Policy
- Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please contact us via this email address info@W1lLL.CO.
- We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal fees) if you make a false claim of copyright infringement.
Repeat Infringer Policy
In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree and acknowledge that your violation of any of the Terms is strictly prohibited and will terminate the licence contained in these Terms immediately and without notice to you.
- Except as expressly provided to the contrary in writing by us, or the Platform, the materials contained therein, the Subscription, the Products and the Affiliate Products are provided on an “as is” basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Subscription, the Products and the Affiliate Products, information, content and materials on the Platform. We do not represent or warrant that materials in the Platform are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Platform and/or the Subscription, the Products and the Affiliate Products, or any portion thereof.
- We are not responsible for typographical errors or omissions relating to the Subscription, the Products and the Affiliate Products, availability, pricing, text or imagery. In the event that any information displayed on the Platform or that we provide to you is incorrect due to a typographical or administrative error, including but not limited to errors or inaccuracies relating to pricing, the Subscription, Product and/or Affiliate Product features or other information, you agree that we may terminate any agreement arising from any acceptance of an offer made in this regard, despite the fact that you have received a confirmation email. In this event, our refund policy listed in clause 10 applies.
- While we attempt to make your access to and use of the Platform safe, we cannot and do not represent or warrant that the Platform or its website and/or app server(s) are free of viruses or other harmful components, or that defects will be corrected; therefore, you should use industry- recognised websites and/or apps to detect and disinfect viruses from any download or use of the software application.
- The Thandie Group does not authorise any entity to make a warranty on our behalf, in any situation including but not limited to warranties made by third parties. The Thandie Group is not responsible for any entity that claims to be authorised on its behalf and you agree to release us and the Thandie Group from any liability that arises from an entity or individual that claims to be authorised to act on our behalf.
Health Information Disclaimer
All of Our Content, including but not limited to the information relating to health, medical and health conditions, products and treatment, is provided in summary form and is in no way intended to constitute professional or medical advice. Before relying upon this information or using any Subscription, Product and/or Affiliate Product, you must first consult with a health care professional in relation to your particular health status, for example, if you have any pre-existing injuries/conditions, if you are pregnant and/or if you have a history of conditions which might be affected or exacerbated by your use of the Services, Products and/or Affiliated Products. You should not use the information on the Platform if you have any health and/or medical issues and/or start to experience any pain or discomfort. We are not liable for any losses, costs or damages of any kind that are incurred as a result of a violation in these Terms.
You must be over the age of 18 to access this website’s services.
Limitation Of Liability
- We note that some legislation and consumer protection laws and regulations, which apply to New South Wales, confer rights upon you which cannot be excluded, restricted or modified (Statutory Rights). Notwithstanding the remainder of these Terms, you hereby waive the benefit of all conditions, rights and warranties implied by custom, law or statute, in relation to the Platform, the Subscription, the Products and the Affiliate Products, except for the Statutory Rights.
- You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, the Thandie Group, our Related Entities, or their respective directors, officers, employees or agents arising out of or in any way relating to your purchase of the Products, your use of the Platform, Our Content or the materials contained in or accessible through the Platform, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Platform and/or the Platform content, or allegations that we have or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Platform. You use the Platform at your own risk and purchase the Subscription, the Products and the Affiliate Products at your own risk.
- Without limitation of the foregoing, neither us nor the Thandie Group, nor our Related Entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the purchase of the Subscription, the Product and/or the Affiliate Products, the use of the Platform, the content or the materials contained in or accessible through the Platform, including without limitation any damages caused by or resulting from your reliance on any of our content or other information obtained from us or accessible via the Platform, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records or programs.
- In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Platform exceed any amount that you pay to us, if any, for the purchase of the applicable Subscription, Products and/or Affiliate Products.
- We take no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive services, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other interactive area.
- We take no responsibility and assume no liability for any damage or loss that may occur to your smartphone or tablet device, or computer device, that may result from your use of our Platform.
- We take no responsibility and assume no liability for the Subscription, the Products, the Affiliate Products, content or communication that you may receive from the Provider, nor any of the changes that the Provider may make to the Subscription, the Products and the Affiliate Products.
You agree to indemnify us and our agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your failure to comply with the Terms or any applicable legislation.
Applicable Law And Venue
The Platform is accessible in all states of the Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Platform will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating to the Platform will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Platform from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, Australia.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that we have the right to send you certain information in connection with the Platform and/or the Subscription, the Products and the Affiliate Products We may send you this and any other information in sms to the mobile number you provided for Your Account, or we may send you an e-mail to the address you provided for Your Account. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the App. Notices provided to you via sms and/or e-mail will be deemed given and received on the transmission date of the sms and/or e-mail. As long as you access and use the Platform, you agree that you will have, or have access to, the necessary Platform and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Platform.
You agree that a failure or delay by us in enforcing any provisions of these Terms shall not operate as a waiver of our rights in relation to enforcement of those provisions.
Questions And Comments
If you have any questions regarding these Terms, the purchase of the Subscription, the Products or the Affiliate Products or your use of the Platform, please submit them to us, using the email address, firstname.lastname@example.org