TERMS AND CONDITIONS

Website Terms Of Use

This website, www.shewillshine.com.au and its content (“Website”) is owned by Danielle Price ABN 44 893 127 990 trading as She Will Shine (“She Will Shine”).

Your use of this Website constitutes your agreement to be bound by these terms of use and all other terms, conditions and disclaimers on the Website (“Terms of Use”). By continuing to use this Website, including ordering products and services from this Website, you agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, you must stop using the Website immediately.

ORDERING PRODUCTS AND SERVICES FROM THE SHE WILL SHINE WEBSITE
She Will Shine offers a range of products and services on its Website, including memberships, products and tickets to events (“products and services”).

All payment for products and services ordered via the Website is required to be made upfront and in full, with the exception of membership fees which are paid by recurring monthly payments or yearly through PayPal or Stripe, secure third party payment systems. You agree that you will comply with all of PayPal’s or Stripe’s terms and policies. If your membership payment is unable to be processed, due to insufficient funds or incorrect account details, She Will Shine reserves the right to cancel your membership at any time and immediately withdraw access to all services and benefits granted under the membership. You will be contacted before membership termination to firstly have the opportunity to rectify the breach.

Please note that we only accept orders from within Australia.

SHE WILL SHINE MEMBERSHIPS
She Will Shine offers membership to persons who identify as a female or nonbinary business owner, and they can be viewed and subscribed to, here: https://shewillshine.com.au/become-a-member

Membership includes access to She Will Shine member benefits as set out under the membership option.

If you wish to attend events, you may do so by paying the fee specified by She Will Shine, for that event.

SHE WILL SHINE EVENTS
She Will Shine offers events to persons who identify as a female or nonbinary business owner, and they can be viewed and booked, here: https://shewillshine.com.au/swsevents

If you wish to attend events, you may do so by paying the fee specified by She Will Shine, for that event.

SHE WILL SHINE MEMBERSHIP CODE OF CONDUCT
The following sets the code of conduct expected of all members of She Will Shine and is a condition of membership. It applies to all members of the She Will Shine community.

As a She Will Shine Member, I will:

Uphold the reputation and good standing of She Will Shine;
Act with integrity and respect others at all times;
Conduct all business with She Will Shine and its members with professionalism and respect

Should a member fail to meet the conditions in this Code of Conduct, She Will Shine may, at its sole discretion, decide on the appropriate action to take. She Will Shine reserves the right to revoke membership that has been granted, in the event that a member violates the Membership Code of Conduct.

She Will Shine reserves the right to update this Membership Code of Conduct.

By applying for membership to She Will Shine you indicate that you have accepted and will abide by this Membership Code of Conduct.

PRICE
You may order products or services via the Website, by paying the price stated on the Website, for those products and services.

All prices are inclusive of GST unless otherwise specified.

Prices and availability of products and services are subject to change without notice. While every effort has been made to ensure the accuracy of prices and information relating to products and services advertised by She Will Shine, She Will Shine is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product or service, an error in the price or the product or service description, or an error in your order.

We may require additional verification or information before accepting any order.

Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.

REFUND AND CANCELLATION POLICY
Unless otherwise stated in these Terms of Use or agreed to by She Will Shine, products and services purchased by you on this Website or directly with She Will Shine, are non-refundable.

We offer a 30 day money back guarantee should you be unhappy with She Will Shine Membership in your first month of membership. To request a refund please email hello@shewillshine.com.au

You may also cancel your monthly or yearly She Will Shine Membership subscription at any time by emailing hello@shewillshine.com.au, but due to the nature of the Service no refunds will be made for any membership fees already paid, excluding the 30 day money back guarantee as stated above.

Once you cancel access to the Service, including all content and community resources, will be revoked immediately on cancellation.

The 30 day refund period only applies to your first subscription and cannot be used more than once.

No partial refunds are given should you terminate an annual subscription before your renewal date.

It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.

USE OF WEBSITE
You must comply with all laws in connection with your use of this Website. You must not:

Data mine or conduct automated searches on this Website;
Transmit any virus or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through this website;
Use this Website or any information made available through this Website to send unsolicited emails or other messages without She Will Shine’s consent;
Use any automatic device or manual process to monitor or copy any part of the Website;
Incorporate any of the content on this Website with any other material, including advertising or promotional material;
Create links from this Website to any other website on the internet, or frame or mirror this Website; or
Tamper with or make unauthorised modifications to this Website or the content of this Website.

UPLOADING CONTENT ONTO THIS WEBSITE, INCLUDING YOUR MEMBER PROFILE
As a member you may be provided with an online account via the Website which you will have access to via a personal login. You must not share this login with anyone else or allow others to use and access your account.

You may upload content via your account including your image, and other information about you and your business. You acknowledge and accept that any information you upload onto your member profile may be published on the Website.

She Will Shine will review all memberships and member profiles before going live and reserves the right to reject any material which it deems inappropriate.

You may also provide She Will Shine with other content including but not limited to, blogs and event listings which She Will Shine may, in its sole discretion, upload onto the Website. She Will Shine has the right to edit, alter, delete, move or share any material, such as member profiles, event listing, blogs or comments submitted via or for upload onto the Website (“User Content”).

You acknowledge and agree that by posting or providing User Content for the Website, you have indicated that you are the owner of the business, group or event and you consent to being contacted (on an ongoing basis) via any of the contact details contained in that User Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from She Will Shine.

We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.

By submitting User Content to us, you automatically grant to us:

(a) A worldwide, fully-paid, royalty-free, non-exclusive, fully sublicensable, and transferable right and licence to use, reproduce and distribute the User Content (in whole or in part) as She Will Shine, in its sole discretion, deems appropriate (acting reasonably). We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.

(b) Subject to the rights and licence under these Terms of Use, you retain all your right, title and interest in your User Content submissions. This means that copyright in your User Content will remain with you and that you can continue to use the material in any way, including allowing others to use it.

You warrant that all content that you post, upload or provide to She Will Shine, for upload onto your account or profile:
is complete, factual, up to date and accurate;
does not contravene any law, regulations, industry codes or policies and in particular, does not infringe any third party right or any intellectual property right (and that you have the right to reproduce, distribute or otherwise use the User Content for the purposes set out in these Terms of Use);
is not of a nature that may directly or indirectly affect She Will Shine, its Personnel or its member’s reputations or bring She Will Shine, its Personnel or its members into disrepute.

If any of the information in member account or profile becomes out of date or no longer complies with these Terms of Use, you must:
immediately amend your account and profile information so that it complies with these Terms of Use; and/or
immediately notify She Will Shine.

Without limiting any other rights that She Will Shine may have under these Terms of Use or as otherwise provided for at law, the release and indemnity provisions set out in these Terms of Use apply to User Content.

USE OF YOUR IMAGE AT SHE WILL SHINE EVENTS
By purchasing a ticket and/or attending a She Will Shine event, you acknowledge and agree that:

She Will Shine may photograph or record your Image on film, video or any other photographic, film or recording media (“the Image”).
We have the right to edit and make any changes to the Image in our sole discretion, including but not limited to, using the Image with any other material.
We own all rights in the Image including but not limited to all rights under the Copyright Act 1968 (Cth).
Any use we make of the Image is an authorised use.
We are not obliged to use the Image for any purpose.
You release She Will Shine and our agents, contractor and employees from any liability for any infringement or breach of any of your rights arising from our use of the Image.
She Will Shine has the right to:
exploit the Image in any and all media and methods of communication, whether now known or invented in future.
use your photographic or other likeness to publicise and promote the Image or the She Will Shine event.
The above terms are irrevocable and the benefit of these terms apply to She Will Shine and its Personnel, and may be transferred by us to our assignees and licensees, without your prior consent.

DISCLAIMER AND EXCLUSION OF WARRANTIES

No warranty: You use this Website at your own risk. To the extent permitted by law, this Website is provided to you on an “as is” and “as available” basis without warranty of any kind (express or implied). To the extent permitted by law, She Will Shine excludes any express or implied warranties under statute or general law in connection with this Website.

Content disclaimer: The information in this web site is for general information only. The information is not intended to be legal advice or otherwise and must not be relied upon as such. You should contact She Will Shine to obtain professional legal advice that is tailored to your specific circumstances and needs, prior to making any legal decisions about your own circumstances.

Whilst reasonable attempts are made to ensure the accuracy of the information on this Website, this is not always possible and information on this Website may not be true, accurate, up-to-date or complete. She Will Shine does not invite reliance upon and does not accept responsibility or liability for information provided within or associated with, this Website.

She Will Shine may vary, add, change or delete any part of the Terms of Use, or the Website, at any time, and for any reason without prior notification to you, and will not be liable in any way for possible consequences of such changes.

Third party information: This Website contains third-party information and links to other websites as a convenience to you. She Will Shine does not control, endorse, check or approve third party information or services available on linked websites. A link to another website does not imply any endorsement of that website or its products or services.

No guarantee of uninterrupted or fault-free use: You acknowledge that access to this Website may be interfered with or affected by numerous factors, many of which are outside She Will Shine’s control. Your access to this Website may not be continuous, uninterrupted, timely, secure, fault-free or virus-free. You should ensure that your computer software and systems are protected against viruses and any other damage they might sustain as a result of using this Website.

RELEASE
You unconditionally release She Will Shine, its officers, employees, contractors and agents (“Personnel”) from all liabilities, actions, demands, loss, damage, costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by you directly or indirectly in connection with your access to, or use of, this Website.

INDEMNITY
You are liable for and indemnify She Will Shine and its Personnel against all actions, demands, liabilities, loss, damage, cost or expenses (including legal costs on a full indemnity basis) incurred or suffered by She Will Shine or its Personnel, directly or indirectly in connection with your use of this Website including any User Content that you post, upload or provide to She Will Shine for upload, onto this Website, or your breach of these Terms of Use.

LIABILITY FOR YOUR PERSONNEL
You are responsible for the acts and omissions of your Personnel as if they were your own acts or omissions.

INTELLECTUAL PROPERTY
© 2014-2023. All rights reserved.

She Will Shine owns or is a licensee of all copyright and other intellectual property in this Website and its content (including, without limitation all information, text, graphic, software, advertisements and trade marks on this Website (the “Content”). You must not modify, copy, reproduce, republish or create derivative works, post, transmit or distribute the Content in any way except for your own personal and non-commercial use, information, research or study.

All trade marks appearing on this Website are the property of She Will Shine (or their respective owners, as the case may be).

ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between the parties hereto with respect to the subject matter hereof. Notwithstanding, these Terms of Use may be amended by She Will Shine from time to time without notice to you.

GOVERNING LAW
These Terms of Use are governed by the laws of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of Victoria, Australia.

ENFORCEABILITY AND LEGALITY
Any provision of, or the application of any provision of, these Terms of Use which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

Any provision of, or the application of any provision of, these Terms of Use which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.