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Terms and Conditions

Salutegenics
Terms and Conditions of Sale

The website located at www.salutegenics.com.au (Website) is owned, controlled and operated by Maria Ruberto trading as Salutegenics (ABN 88 345 375 396) (we, our, us or Salutegenics).

The terms and conditions set out below (Terms and Conditions) apply to ordering of the Goods, Event Tickets and AV Content by you (you or your) via the Website.

The Goods and  Services (as defined below) are available for you to purchase on your acceptance of the Terms and Conditions. By checking that you agree to the Terms and Conditions when ordering any Goods and Services, you agree to be legally bound by the Terms and Conditions. If you do not accept the Terms and Conditions, you must not place any orders for the Goods and Services.

We may change the Terms and Conditions at any time. Notice of any variations will be displayed on the Website. Any AV Content accessed by you, or Events attended by you, after the date of variation of the Terms and Conditions will be bound by the Terms and Conditions as varied.

You should familiarise yourself with the Terms and Conditions before ordering any Goods and Services. If you have any questions about the Terms and Conditions, you can contact us at [email protected].

PLEASE CAREFULLY NOTE THE FOLLOWING ABOUT THE TERMS AND CONDITIONS:

  • AV Content may only be used for the Purposes (as defined below).
  • Your ability to hold us responsible for any loss or damage you may suffer from using the Goods and Services may be significantly restricted.
  • Our liability to you for any loss or damage you may suffer from using the Goods and Services may be significantly restricted.
  • Subject to any rights which you may have as a Consumer or otherwise at law which cannot be excluded under contract, your use and access of the Goods and Services is on an “as is” basis and is entirely at your own risk.
  • You are solely responsible for compliance with all laws and regulations applicable to your use of the Goods and Services.
  • You may be required to compensate us for any loss or damage that we may suffer from your breaching the Terms and Conditions.

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) indicate that you agree to the Terms and Conditions when ordering the Goods and Services via our Website; or
(b) otherwise submit an order for any Goods and Services from us.
1.2  Your purchase of the Goods and Services is subject to all conditions specified in the Terms and Conditions.

2. AV Content

2.1 Any order placed by you for AV Content on the Website is an offer to purchase particular AV Content in exchange for payment of the Fee (if any, specified on the Website at the time you place your order). We may accept or reject your order for AV Content at our discretion. If we reject your order, we will notify you of that rejection and refund any Fees paid which are related to your order.
2.2 Provided that we have accepted your order for AV Content, and the applicable Fee (if any) has been paid in full, we will provide you with access to the AV Content which you have requested in accordance with clause 2.3, subject to the Terms and Conditions.
2.3 We will send you an e-mail (to the nominated e-mail address provided with your order) with information on how to access the AV Content you have requested. You must not share this information with any third party.
2.4 The AV 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.
2.5 If the AV Content is for watching a live stream, you must ensure that you are logged on to view the stream at time it will go live. You are not entitled to record the stream, or to access a recording of the stream, unless otherwise agreed by us.

3. Goods

3.1 Any order placed by you for Goods on the Website is an offer to purchase particular Goods for the Fee and any Delivery Charges specified on the Website (at the time you place your order). We may accept or reject your order to purchase the Goods 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.
3.2 Without limiting clause 3.1, all orders for Goods are made subject to availability. While we use our best efforts to ensure that Goods are available for purchase at the time you place your order, there may be some circumstances where Goods are unavailable.
3.3 Where we cannot fulfil an order you have made for Goods under clause 3.2, we may:
(a) cancel your order and refund any Fees and Delivery Charges paid in respect of that order; or
(b) contact you to advise you of a delay in delivery of the Goods you have ordered, and you may agree to proceed with your order on the basis of a delayed delivery date.
3.4 While we make every attempt to display the visual appearance of Goods as accurately as possible on our Website, the visual appearance of Goods may vary from the physical product which you receive from us.
3.5 Goods will not be dispatched until full payment of the Fee and any Delivery Charges has been received. Title in the Goods will pass to you upon delivery of the Goods. Risk of loss or damage to any Goods will pass to you on delivery of the Goods.

4. Event Tickets

4.1 Any order placed by you for Event Tickets on the Website is an offer to purchase those Event Tickets for the Fee specified on the Website (if any, at the time you place your order). We may accept or reject your order for Event Tickets at our discretion. If we reject your order, we will notify you of that rejection and refund any Fees paid which are related to your order.
4.2 Provided that we have accepted your order for Event Tickets, and the applicable Fee (if any) has been paid in full, we will send you an e-mail (to the e-mail address nominated at the time of your order) with a copy of the Event Tickets you have purchased.
4.3 The Event Tickets provide you with the right to be admitted to the Event nominated on the ticket, on the date and time nominated on that ticket, subject to your compliance with:
(a) the Terms and Conditions; and
(b) the terms and conditions imposed by any particular venue where the Event is hosted, including any conditions of entry.
4.4 To gain admission to the Event, the Event Tickets must be produced at entry. Event Tickets can be produced by displaying a digital or printed copy. We reserve the right to request production of photo identification to verify that you are the person named on the Event Tickets.
4.5 We reserve the right to:
(a) refuse admission to the Event or evict you from the Event if we have reasonable grounds to do this, including where you breach these Terms and Conditions, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the
enjoyment of the Event by others; and
(b) cancel, reschedule or relocate an Event, where necessary for operational or business reasons, or factors outside of our reasonable control.
4.6 Event Tickets are transferrable to another person. You must not duplicate your Event Tickets or sell your Event Tickets to any person for greater than the total price paid for those tickets. We reserve the right to cancel Event Tickets which have been duplicated or sold for above face value, and a refund of any Fees will not be provided.
4.7 By attending the Event:
(a) you agree to assume all risks associated with COVID-19 or other communicable diseases; and
(b) you acknowledge that you may be filmed and/or recorded. You consent to our use of your image, likeness and voice obtained at recordings of the Event in all media throughout the world for any purpose and without any compensation.
4.8 If you purchase Event Tickets on behalf of a third party, you are required to ensure the third party agrees to these Terms and Conditions as a condition of admission to the Event. You will be personally liable under these Terms and Conditions for any breach of these Terms and Conditions by the third party attendee/s.

5. Intellectual Property for AV Content

5.1 The Intellectual Property subsisting in the AV Content (AV 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 AV 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-transferrable licence to use the AV Content that you have purchased:
(a) for the purposes of accessing and viewing the AV Content on your electronic device for personal use; and
(b) for the period of time noted on the section of our Website where information for the relevant AV Content is displayed (if any). AV Content which is live-streamed may not be available to view in a recorded format.
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 AV IP (including by authorising third parties to do any of these things) unless you have our express prior written authorisation. Any unauthorised use of AV IP by you is strictly prohibited.
5.4 If you wish to use the AV Content beyond the rights provided in clause 5.2, please contact us at [email protected] to make a licensing request with the following details:
(a) a description of the AV Content which you wish to licence;
(b) a description of the purposes for which you’d like to use the AV Content, for example communicating the AV Content to members of your educational institution or workplace; and
(c) the duration for which you require the licence.

6. Fees

6.1 Unless specified otherwise, Fees and Delivery Charges displayed on our Website are shown in Australian dollars (AUD) and are inclusive of GST.
6.2 We reserve the right to change the Fees and Delivery Charges displayed on our Website at any time.
6.3 Fees 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).
6.4 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.

7. Shipping Policy for Goods

7.1 We predominately use Australia Post as our delivery service. We may use other supply or courier businesses to deliver the Goods to you.
7.2 We will endeavour to deliver the Goods to you as soon as possible after your order has been placed. Please note that processing time for shipping may take up to seven business days, and longer in busier periods for our e-store.
7.3 If we provide an estimated delivery time for your order, that is an estimate only. We will not be liable for any failure for Goods to be delivered to you within any estimated delivery times provided by us.
7.4 You are responsible for any taxes, duties or other liabilities imposed by any government agency on any Goods purchased by you. If your order for Goods is to be delivered outside Australia, then you are responsible for any export, import and other taxes or duties that might be applicable in order for you to receive the Goods.

8. Returns Policy

8.1 We offer refunds and exchanges for Goods and Services purchased from us in accordance with your rights under the Australian Consumer Law.
8.2 Once your order has been placed for Goods and Services, you cannot cancel the order unless it is within your rights to do so under the Australian Consumer Law or under these Terms and Conditions.
8.3 Subject to clause 8.4, you are not entitled to a refund of the Fee paid to purchase the Goods and Services, for change of mind reasons.
8.4 You are entitled to request a refund of any Fees paid for Event Tickets if the Event:
(a) is four weeks (28 days) or more from from the date of your refund request; or
(b) is rescheduled or significantly relocated by us (and you do not wish to attend the rescheduled or relocated event), and you request a refund within 72 hours of the commencement time of the rescheduled or relocated event.
Refund requests must be in writing and sent to [email protected]. Refunds will be processed back to the original payment method used to purchase the Event Tickets.
8.5 If you wish to obtain a refund or exchange for any AV Content or Goods, please contact us at [email protected] with the following information:
(a) your order number;
(b) the reasons that you wish to return the AV Content or Goods; and
(c) whether you would like a refund or exchange.

9. Disclaimers

9.1 The Goods and Services are provided to “as is”. To the extent permitted by law, we do not provide any representations, guarantees or warranties to you that the Goods and Services will be suitable or fit for any purpose.
9.2 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.
9.3 We are not responsible, and disclaim any legal responsibility or liability to you, for the following:
(a) ensuring that the AV Content, or information or content provided or communicated to you at an Event, is complete, accurate, reliable, up-to-date and available;
(b) any content which can be accessed through hyperlinks in the AV Content to third-party websites, or any third-party information or content which appears in the AV Content (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.

10. Exclusions and Limitations of Liability

10.1 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.
10.2 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 your purchase and use of 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.
10.3 If we are not able to exclude liability 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.
10.4 If an Event is cancelled, rescheduled or significantly relocated by us, our liability is limited to the amount for which the Event Ticket was purchased. Unless required by law (including the Australian Consumer Law), we will not be liable for any other Loss incurred by you as a result of the cancellation, rescheduling or relocation of an Event, including any travel and accommodation expenses.
10.5 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 and access of, or inability to use or access, the AV Content;
(b) your attendance at an Event, including any personal injury or death suffered at the Event, or theft of your belongings brought to the Event;
(c) your use of the Goods; and
(d) accessing hyperlinks to third-party websites through the AV Content.

11. Indemnity

11.1 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.
11.2 This indemnity in clause 11.1 is a continuing obligation, independent from the other obligations under the Terms and Conditions, and continues after the Terms and Conditions expire or are terminated.

12. Privacy Policy

We will collect, handle and use any Personal Information you provide to us in accordance with our Privacy Policy.

13. Termination

13.1 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
[email protected] with the subject line “Notice of Breach”) from the non-breaching party detailing the extent of the breach.
13.2 For the avoidance of doubt, the use of AV Content other than as permitted under clause 5.2, and any breach of clauses 4 and 5 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 13.1(b).
13.3 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 9, 10, 11, 13 and 14 survive the expiration or termination of the Terms and Conditions.

14. Jurisdiction & Choice of Law

These Terms 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, for the purpose of litigating any Claims arising out of the Terms and Conditions.

15. Miscellaneous

15.1 The Terms and Conditions contain the entire agreement between the parties in relation to its subject matter. No waiver or variation of any part of the Terms and Conditions will be effective unless in writing and signed by both parties.
15.2 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.
15.3 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.
15.4 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.
15.5 In the Terms and Conditions:
(d) singular includes the plural and vice versa;
(e) words such as including or for example do not limit the meaning of the words preceding them;
(f) an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally;
(g) a reference to the Terms and Conditions, includes the Terms and Conditions as assigned, novated, altered, supplemented or replaced from time to time;
(h) a reference to a statute includes regulations and other instruments under it, and consolidations, amendments, re-enactments or replacements of any of them; and
(i) 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.

B. DEFINITIONS

The following definitions apply in the Terms and Conditions:

(i) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(ii) “AV Content” means webinars and other live-streamed and recorded video and audio content which is made available by Salutegenics on the Website for you to order access. The materials may be comprised of video recordings, audio recordings, text, underlying source and object code, photographs, graphics and/or logos.
(iii) “Claim” means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature.
(iv) “Consequential Loss” means special, incidental, indirect or consequential loss or damage, and loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.
(v) “Consumer” means a User who obtains the Goods and AV Content in Australia, and:
a. the amount payable for requesting the Goods and AV Content does not exceed $100,000;
b. the Goods and AV Content are of a kind ordinary acquired for personal, domestic or household use or consumption; or
c. falls within the definition of “Consumer” under the Australian Consumer Law.
(vi) “Delivery Charges” means the fee payable to us to arrange delivery of the Goods you have ordered to your nominated postal address.
(vii) “Event” means the event named on the Event Ticket which is being organised or hosted by Salutegenics.
(viii) “Event Ticket” means a ticket for gaining admission to an Event, which may be a digital or physical ticket or a purchase receipt.
(ix) “Fee” means the fee payable to us to:
a. access the specific AV Content which you have ordered;
b. attend the Event you have requested; or
c. obtain the specific Goods you have ordered.
(x) “Goods” means physical products which are available to purchase on the Website. For the avoidance of doubt, Goods does not include AV Content.
(xi) “Goods and Services” means the Goods, AV Content and Event Tickets, all available to purchase on the Website.
(xii) “Loss” means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including Consequential Loss and all legal and other professional costs (calculated on an indemnity basis).
(xiii) “Intellectual Property” means all intellectual property and proprietary rights (whether registered or unregistered, present or future), including business names, trade marks, copyright, domain names, websites, patents, patent applications, designs, plant varieties, circuit layouts, discoveries, inventions, improvements, databases, logos, technical data, photographs, video recordings, sound recordings, drawings, trade secrets, confidential information, know-how, research data and any other physical or digital media or similar intellectual property rights, and any other intangible proprietary assets arising from intellectual activity.
(xiv) “Personal Information” is as defined in the Privacy Policy.
(xv) “Privacy Policy” means the “Privacy Policy” for Salutegenics as amended or updated from time to time, located at Privacy Policy
(xvi) “Representatives” means, in relation to a party, its officers, directors, employees, contractors, consultants, agents, members and other authorised representatives.