ABOUT THE WEBSITE
Welcome to www.perthcontentguy.com.au ("Website"). The Website provides access to enquire about Samuel Endersby's & Team's services, courses, book free sessions, purchase digital products (EProduct), and download digital products ("Services"). Operated by Samuel Endersby The Perth Content Guy of Cockburn, Western Australia .

 

Access to and use of the Website, or any of its associated Services, are provided by Samuel Endersby. Please read these terms and conditions (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.

Samuel Endersby reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Samuel Endersby 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. 

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ACCEPTANCE OF THE TERMS
By browsing or using this Website, you agree to these Terms. If not, do not use the Website.

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BOOKINGS
All bookings are made via Calendly (Booking System). Cancellation must be done at least 48 hours in advance via Calendly(Booking System) booking.

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PURCHASE OF SERVICES

In using the Purchase Services to purchase a Service through the Website, you will agree to the payment of the purchase price listed on the Website for the Service (Purchase Price).

If you purchase a Service, you are bound by the terms and conditions at the point of purchase.

Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers)

Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

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.

Following payment of the Purchase Price being confirmed by Samuel Endersby, you will be issued with a receipt to confirm that the payment has been received and Samuel Endersby may record your purchase details for future.

In the event that any payment under this Agreement is not made in full on the due date, Samuel Endersby is entitled to charge You interest at the rate of 5% per annum, calculated daily.

You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Samuel Endersby for steps taken to enforce payment terms will be recoverable and payable by You.

You agree and acknowledge that Samuel Endersby can vary the Purchase Price at any time for future purchases of Services. 

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DELIVERY & LICENSE
Access is provided via email. Additional terms will be outlined in a digital contract provided for services, 

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REFUNDS & TERMINATION
Services, EProducts and Courses are non-refundable. 

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WARRANTY & GUARANTEES

Samuel Endersby will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Samuel Endersby makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.

The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel this Agreement with Samuel Endersby, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

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SERVICES DISCLAIMER

You are solely responsible for creating and implementing your own career or business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and your sessions and interactions with Samuel Endersby. As such, you agree that Samuel Endersby is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or career, or for any direct or indirect result of any Services provided by Samuel Endersby

You understand that in order to enhance the relationship and sessions with Samuel Endersby, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Service

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INFORMATION DISCLAIMER
Any information, advice, content or documentation provided through the Services, including in the associated Membership Portal, Eproduct, podcast, on the Website, social media accounts or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only. This includes information, guidance or advice provided by third-party guests and speakers on the Samuel Endersby social media accounts.

All care is taken in the preparation of the information and published materials Membership Portal, Eproduct, podcast, on the Website, social media accounts or on any other related platform. Samuel Endersby does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 

To the extent permissible by law, Samuel Endersby will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the Membership Portal, Eproduct, podcast, on the Website and through social media accounts

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COPYRIGHT & IP

You acknowledge that the Website, the Purchase Services, Samuel Endersbys' name, Services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Samuel Endersby or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (Content).

You hereby indemnify and agrees to keep indemnified Samuel Endersby against all liability, losses or expenses incurred by Samuel Endersby in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Samuel Endersby or any third party by you or your agents.

You may not, without the prior written permission of Samuel Endersby 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.

For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Samuel Endersby, Samuel Endersby grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

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PRIVACY

Samuel Endersby takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Samuel Endersbys’ Privacy Policy.

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DISCLAIMER

You acknowledge that Samuel Endersby does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.

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.

Subject to this clause, and to the extent permitted by law:

a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

b) Samuel Endersby will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the Services of Samuel Endersby is at your own risk. Everything on the Website, the Purchase Services, and the Services of Samuel Endersby, 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 Samuel Endersby make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of Samuel Endersby) 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:

a) 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;

b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related Services (including third party material and advertisements on the Website);

c) costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
d) the Content or operation in respect to links which are provided for your convenience;

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

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

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USER GENERATED CONTENT
We may use anything you submit for marketing. By submitting, you confirm you have rights to share it.

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MAILING & SMS LISTS
By subscribing, you consent to receive marketing emails and messages.

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LIMITATION OF LIABILITY
Our liability is limited to the last payment you made or resupplying the service.

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INDEMNITY

You agree to indemnify Samuel Endersby, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

a) 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;

b) 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

c) any breach of the Terms.

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VENUE & GOVERNING LAW
Governed by Western Australian law. Disputes resolved in WA courts.

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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.

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SEVERANCE
If any part of these Terms is void, the rest remains valid.