Terms and Conditions
T&Cs of Use of Shape Shifter
ABN 54 931 026 126
1 November 2021
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Shape Shifter and/or Jaime Amadio (“Company”, "Brand", 'me', “we”, “us”, “our”).
It is your responsibility to read these Terms and Conditions of Use carefully prior to using and/or purchasing or accessing any of Shape Shifter or Jaime Amadio’s offerings including but not limited to products, including digital product downloads and tangible products, mentorship, life coaching, counselling, memberships, and online course programs.
We may modify these Terms and Conditions at any time without notice. Your access to and use of the Website and all products and any other offering by us constitutes your acceptance of these Terms and Conditions.
DEFINITIONS & INTERPRETATIONS
1.1. Consumer Law means the Competition and Consumer Act 2010 (Cth) and any applicable regulations, as amended from time to time.
1.2. Claims mean any claims, causes of action, losses, damages, liabilities, costs and/or expenses, including legal fees and expenses.
1.3. Commencement Date means the date upon which the programs commence.
1.4. Intellectual Property means all course content including but not limited to videos, voice-overs, audio, copywriting, systems, processes, procedures, work-flow, formulas, layouts, colour scheme, know-how, concepts, ideas, knowledge, discoveries, graphs, infographics, gifs, animations, trade secrets, secrets, data, databases, customer relationship management data, work products, branding, branding elements including logo, brand name, business name, domain names, all other associated URLs including all content and engagement including user-generated content on social media and forum sites.
1.5. Intellectual Property Rights means all present and future rights to Intellectual Property (as defined in these Terms and Conditions) and all other rights to intellectual property as defined under Article 2 of the convention establishing the World Intellectual Property Organisation, and all rights to enforce any of the foregoing rights.
1.6. Property means intellectual property.
1.7. Program/s means all digital and tangible products, memberships and support groups, coaching, mentorship, and teachings on offer for sale or for free by Jaime Amadio.
1.8. Digital Products means all digitally downloadable products offered for sale or for free by Jaime Amadio.
1.9. Website Content means all programs on offer for sale by Jaime Amadio.
1.10. Modules mean a set of lessons contained within the courses or memberships.
1.11. Video Lesson means a video contained within a Module, or on YouTube or any other online medium.
1.12. Website means the following websites with the URLs www.shapeshifter.coach and any other URLs that contain the name Shape Shifter
2.1. Headings and underlining’s are for convenience only and do not affect the construction of these Terms and Conditions.
2.2. A provision of these Terms and Conditions will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
2.3. Currency refers to USD dollars, unless otherwise clearly stated.
2.4. A reference to a statute or regulation includes amendments thereto.
2.5. A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms and Conditions.
2.6. A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
2.7. The opening paragraph at the top of these Terms and Conditions forms part of the binding terms and conditions of these Terms and Conditions.
2.8. A reference to singular includes the plural and vice versa.
2.9. A reference to time is Lima, Peru time ie. GMT-5
2.10. A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, a government body, a government department, and any other legal entity.
2.11. The words “include”, “including” and similar expressions are not words of limitation.
3 REGISTRATION, ACCESS, AND ENROLMENT IN CLUB MEMBERSHIP PROGRAM/S
3.1. To waitlist, register, access and enrol in the Program/s or to book private consulting via the Website, you must provide your name, phone number, email address, and any other details requested in forms within the Website.
3.2. The Company reserves the right to decline or refuse enrolment at its sole discretion.
3.3. We reserve the right to terminate your registration and access and/or lifetime access to the Program/s or support groups without notice, for any reason.
4.1. When accessing the Programs, usernames and passwords shall be issued for personal use ONLY.
4.2. You have the sole responsibility for protecting the confidentiality of your username and password.
4.3. You are not permitted to share your username or password with any third party at any time.
4.4. You are not permitted to share any of the videos or visuals, audio, digital downloads, blocks of text, slides, and/or any other content contained within coaching/mentoring/online programs/membership or part thereof with any third parties. However, you are permitted to share 10% only of one video lesson for the purpose of providing a positive online review and you agree to include www.shapeshifter.coach within the review.
4.5. Use of your username and/or password by any other person and/or sharing of any content with third parties, without written permission from Jaime Amadio, will result in the immediate termination of access to Program/s.
4.6. If you are in breach of any of the Terms and Conditions, we reserved the right to retain payments from you made to Jaime Amadio and/or subscription Payment Plans will continue and will not be refunded. Further, you will be charged the Full Payment for every person who accesses the Program using your password and this payment will be due within one business day and we reserve the right to withdraw the funds from your financial institution if the Payment is not paid within one business day of Jaime Amadio cancelling your access to the Program.
5 YOUR DATA AND YOUR HARDWARE & TECHNOLOGY
5.1. All personal information you provide to Jaime Amadio when enrolling to access the Program/s is held within our Website and our customer relationship management (CRM) software database and will never be shared with third parties.
5.2. By registering for the Website, you warrant that you have the necessary technology and hardware, including a computer that has access to the Internet and access to speakers so you can hear any audio.
5.3. The Company is not responsible for assisting you in accessing the content of the Website although guided help will be given if requested by you after enrolling in the membership.
5.4. The Company is committed to protecting your privacy and will not sell or unlawfully disclose your personal information to third parties.
5.5. If you have any queries relating to the protection of your privacy and/or the collection, use or disclosure of your personal information, please contact the Company via the Contact page of the Website or by directly emailing Jaime Amadio at firstname.lastname@example.org with the subject 'My data'.
6 ACCESS TO WEBSITE CONTENT
6.1. To access any Programs or to use certain features of the Website, you will need a username and password, which you will receive, via email, after the registration and payment process.
6.2. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account.
6.3. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
7.1. All prices are in USD dollars unless otherwise stated.
7.2. Prices are subject to change at any time.
7.3. Any fees and charges incurred as a result of foreign currency transfers in order to make payments are at your own expense. The Company will not be liable or offer a reduction in the fees as a result of charges you incur.
8 INTELLECTUAL PROPERTY
By visiting the Website or any URLs associated with Shape Shifter, you acknowledge and agree that:
8.1. The Website is the Intellectual Property of the Company and is protected by the Copyright Act 1976 (Cth) and other applicable Intellectual Property laws, including the Berne Convention. The Company retains all Intellectual Property Rights to the Online Course Program and all other content on any associated or linked URLs.
8.2. The Website Content is owned by the Company and is intended for your personal use only.
8.3. All Property must not be distributed by anyone except Shape Shifter and our employees and/or contractors and/or Jaime Amadio unless explicitly authorised in writing by Jaime Amadio.
8.4. You are not permitted to alter, modify, copy, republish, reproduce, transmit, post, rent, lease, sell, distribute, commercially exploit, or create any derivative works by Jaime Amadio. You may, however, download and/or print one copy of individual pages of the Website for your personal, non-commercial use to assist you in your learnings, provided that you keep intact all copyright and other proprietary or intellectual property content.
8.5. The Company reserves the right the change any part of the Program Content without notice.
8.6. The Company further reserves the right to add, remove or amend the content in the club membership without notice.
9.1. The Company reserves the right to terminate your access to the Website, the club membership, membership portal, support groups, coaching, mentorships and any other URL containing Shape Shifter at any time in the event that: you are in default of any payment obligation, including your payments not being able to be processed through our online payment gateway; you sell or redistribute the Website content to any other person; you provide access to the Website content by providing your login details to another person without the Company’s knowledge and express permission; you fail to remedy a breach of any non-payment related obligation within 1 business day of having been given written notice to remedy the breach by the Company; you become unable to pay your debts to the Company when they fall due; you commit an act of bankruptcy or, being a company, enter into liquidation or provisional liquidation whether compulsory or voluntary or compounds with its creditors generally or has a receiver or receiver-manager or administrator appointed over all or part of its assets or passes a resolution for winding-up or a petition is presented for its winding-up or for any other reason that the Company finds necessary, at any time.
9.2. In the event of a default as listed in clause 8.1, the Company may, without prejudice to any other rights or remedies available to it under these Terms and Conditions or otherwise, by notice in writing to you: suspend access to the Website and require full or partial payment in advance for the remainder owing (in the sole discretion of the Company) before access is granted again; retain monies paid by you; claim immediate payment of all monies due by you in respect of the Program which will then be immediately due and payable notwithstanding the due date or dates for payment; terminate this Agreement, and/or continue to enforce its rights (including taking court action) and recover from you such payments and any other amounts owing including legal costs as and when they fall due.
10.1. Whilst the Company has made every effort to ensure the accuracy of the information on the Website, in the club membership, digital products, private consulting and in the support group or social media content including Livestreams, Zoom or any other form of communication, the information and content are subject to change without notice.
10.2. The Company does not provide any representation or warranty that the content or information is accurate, complete, or up to date, however, the Company endeavours to provide you with a learning experience to assist you in building a strong brand.
10.3. The Company will not be held liable for any errors in the content or material displayed on the Website or in the programs, for any actions you take in reliance on them, or for any loss or damage that may arise directly or indirectly from the Website, programs and/or Website Content.
10.4. The Website and/or Website Content, club membership, coaching, mentoring, consulting either directly or indirectly do provide legal, tax and/or financial advice, however, you are solely responsible for determining whether any strategy, advice or process is appropriate for you based on your personal education and financial circumstances and objectives. It is your responsibility to seek out other independent legal, tax and financial advice regarding your specific situation before acting on any advice from the Company. If any information or advice that may constitute financial advice is given in the Programs, such advice is not authorised or endorsed by the Company.
10.5. The Company does not guarantee you will earn any future income as a result of your registering for the Website, club memberships or any programs. The strategies and examples promoted and taught by the Company are well-researched examples and guidance of best business and marketing practices and target no particular person, community, business, circumstance, products, service or brand, personal or otherwise. Any income earning potential will be based on your skill level, your application and dedication to your self-improvement and to the learnings and the particular business or product or service you are marketing.
10.6. The Website is continually under development and the Company makes no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose. You acknowledge and agree that no representation has been made by the Company or its affiliates and relied upon as to the future income, expenses, sales volume, or potential profitability that may be derived from the participation in the Programs.
10.7. Content on the Website and the Program is for general information purposes only and is current at the time of first publication. You are responsible for determining the validity, quality and relevance of any information, material, or service before acting or relying on it to ensure that it meets your particular requirements.
10.8. The Website may feature third-party advertising or content and affiliate links to products and services. The Company does not control the content or accuracy of the information on third-party advertising or content or information on affiliate websites. The Company does not in any way guarantee or provide insurance for the advertiser and/or affiliates and/or their products or services. Links are provided for your reference only and the Company excludes all liability and responsibility for the content or operation of these third-party websites.
10.9. The Website may feature third party presentations or knowledge from third party sources. The Company does not control the content or accuracy of the information in such presentations. The Company does not in any way represent that the third-party presenter or source and their products or services are endorsed or recommended by the Company. Presentations are provided for your reference only and the Company excludes all liability and responsibility for the content or operation of these third-party websites.
11 LIMITATION OF LIABILITY
11.1. Your participation, correspondence, or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
11.2. You specifically acknowledge and agree that the Company is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Website, materials, products, services, or with any of these Terms and Conditions, your sole and exclusive remedy as against the Company is to discontinue using the Website.
11.3. The Company, its subsidiaries, employees, contractors and/or affiliates shall not be liable for any direct, indirect, incidental, special or consequential damage or loss (including liability for loss of profits, loss of business opportunity, loss of savings, loss of bargain or loss of data) that result from the use of, or inability to use the Website, the Program and including all of its materials, products or services, or third party materials, products or services, made available through the Website even if the Company is advised beforehand of such damage or loss. In any event, the Company’s liability under these terms and Conditions (if any) is limited to the total amount paid by you to the Company.
11.4. All terms, conditions and warranties that are implied by statute as excludable are excluded from these Terms and Conditions. Such terms, conditions and warranties implied by statute (or categories of damages) that are not excludable (including any non-excludable guarantees pursuant to the Australian Consumer Law, if applicable) are not excluded from these Terms and Conditions however the Company’s liability for such terms, conditions and warranties implied by statute (or categories of damage) that are not excluded is limited to the total amount paid by you to the Company, under these Terms and Conditions.
You agree at all times to defend, indemnify and hold harmless the Company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, employees, contractors of each from and against any and all claims arising out of or related to your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions, your use of the Website or any of your conduct, except where the Claims are directly and solely attributable to the gross negligence or wilful default of the Company or any of its duly authorised employees or agents.
13 INTERACTIVE FEATURES
13.1. Responsibility for what is posted on the Website, within the club membership, and/or on social media and live stream chats and other public posting areas or sent via any email services or private messaging, lies with each user – you alone are responsible for the material you post or send, verbally and electronically. We do not control the messages, information, or files that you or others may provide through such communication channels.
13.2. It is a material condition of your use of the Website that you do not:
- Gain unauthorised access to the Website, or any account, computer system, or network connected to the Website, by means such as hacking, password mining or other illicit means.
- Interfere with or disrupt any servers or networks used to provide the Website or its features or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Website.
- Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights that is protected by copyright, trademark or other proprietary or intellectual property rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.
- Purchase, download or copy any products or services from the Website and use them to pirate the said content, products, or services.
14 REFUND POLICY
14.1. The Company reserves the right to provide 100% money-back guarantees at any time and at all other times all sales are final due to the nature of the Programs and your irrevocable access to them once they’ve been delivered. Therefore, the Company does not provide refunds if you change your mind or if you're unable to, for whatever reason, access and/or complete the Program. It is your sole responsibility to decide whether or not you are ready, able and committed to learning from the digital products, coaching and mentoring programs.
14.2. All sales are final for online programs and coaching membership subscriptions. No refunds will be issued at any time. If you decide to cancel your Program/s, your account will be immediately cancelled and your access to the Program and support groups and all other resources will be terminated on the date of your cancellation.
14.3. We do not tolerate any type of chargeback, threat, or actual chargeback from your credit card company, PayPal or bank or other financial institution.
15 DISPUTE RESOLUTION
145.1. If there is a dispute in relation to any aspect of the Website either party may notify the other in writing of the dispute.
15.2. Following any such notification, there will be a period of 28 days during which both parties must participate in good faith in any negotiations or discussions regarding the dispute.
15.3. If the dispute has not been resolved by the end of this 28-day period, the Company may require that the dispute be submitted to mediation in accordance with, and subject to, the Institute of Arbitrators & Mediators Australia and its applicable rules.
15.4. Neither party will commence court proceedings or other similar actions relating to a dispute unless it has complied with the procedure set out in this clause.
16 GOVERNING LAW
These Terms and Conditions are governed by the laws of the state of New South Whales, Australia and where applicable, those of the Commonwealth of Australia. Any provision of, or the application of any provision of, these Terms and Conditions 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.
17 ENTIRE AGREEMENT
This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.