Bamby Media

PURCHASE TERMS AND CONDITIONS

Thank You for choosing Bamby Media!

These Terms and Conditions govern your purchase.

By clicking “accept” or “I agree” You agree to these Terms and Conditions.

1. Purchase Services
1. The Website, www.bambyacademy, is operated by Brianna Ansaldo (ABN: 40 027 557 149) t/a Bamby Media (‘Bamby Media’). Access to and use of the Website, or any of its associated products or services is provided by Bamby Media.
2. The Website provides you with an opportunity to browse and purchase participation in various learning materials that have been listed for sale through the Website (the ‘Learning Material’). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services'). 
3. You have agreed to purchase the Learning Material through the Website.
4. These Terms and Conditions are to be read in conjunction with the payment page (‘Payment Page’) and relevant learning material information page (‘Information Page’) of the Website.

1. Acceptance of the Terms

By clicking “accept” or “I agree” and proceeding with the purchase, You are accepting these Terms and Conditions.

1. Personal Information
1. When purchasing any Learning Material, you will be required to provide personal information such as your full name, password and e-mail address.
2. You agree that all details that you have provided in completing the purchase are true and correct.
3. Your personal information is kept in accordance with the Bamby Media Privacy Policy (‘Privacy Policy’) which can be accessed on the Website.
2. Purchase of Learning Material
1. In using the Purchase Services to purchase the Learning Material through the Website, you will agree to the payment of the purchase price listed on the Information Page (the 'Purchase Price').
2. Payment of the Purchase Price may be made with a debit card and credit card through the available payment gateway provider/s (the 'Payment Gateway Providers').
3. You warrant that You have familiarised Yourself with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
4. Following payment of the Purchase Price being confirmed by Bamby Media, You will be issued with a receipt to confirm that the payment has been received and Bamby Media may record Your purchase details for future use.
5. You acknowledge and agree that where a request for the payment of the fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the fees.
6. If any payment under these Terms and Conditions is not made in full on the due date, Bamby Media is entitled to charge You interest at the rate of 5% per annum, calculated daily.
7. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
3. Delivery of Learning Material and Licence Information
1. Each Learning Material purchase grants you access to the Learning Material through the available platform.
2. When You purchase Learning Material through the Website, Bamby Media grants You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Learning Material and any related software, content, equipment or other materials for Your specific, non-commercial use only (the ‘Licence’).
3. The Licence is valid for the life of the Learning Material (‘Licence Term’). This means the Learning Material will be viewable via the download link for as long as the Learning Material exists, or if you terminate your involvement in the Learning Material.    
4. The Learning Material is intended for use in a single household within the licence Term only. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Learning Material materials, digital resources, and access to any other aspect of the Learning Material. 
4. Cancellation and Refunds
1. You must notify Bamby Media of an intention to cancel your involvement in the Learning Material as soon as practicable through e-mail to [email protected]  and abide by the following (‘Cancellation Policy’).
2. The Learning Material is non-refundable. This means that if you wish to terminate your involvement in the Learning Material, all fees paid or payable are non-refundable.
3. You agree that if You default on any payments due and payable under the Terms, any costs incurred by Bamby Media for steps taken to enforce payment terms will be recoverable and payable by You.
4. Bamby Media will only provide You with a refund of the Fees if Bamby Media is unable to continue to provide the Services (the 'Refund').

1. Liability

Bamby Media’s total liability arising out of or in connection with the Learning Material or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Learning Material to You.

1. Warranty Period for the Learning Material
1. Bamby Media will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Bamby Media makes no warranty that the Learning Material will meet Your requirements or that all clients will achieve the same results.
2. The Learning Material comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Learning Material, You are entitled to cancel Your Learning Material contract with Bamby Media, and 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.
2. Copyright and Intellectual Property Rights
1.  Intellectual Property Rights

1. You agree that any works, documentation, materials, content, creative works or information of whatever nature produced or developed by Bamby Media or under Bamby Media’s direction in relation to the Learning Material will remain the sole and complete property of Bamby Media, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
2. There is no assignment of Intellectual Property Rights by Bamby Media to You under these Terms and Conditions.
3. Nothing in these Terms and Conditions affects the moral rights in any works, items, materials or information supplied under these Terms and Conditions.

1.  3.2.Indemnification 

You hereby indemnify and agree to keep indemnified Bamby Media against all liability, losses, or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied in respect of the Learning Material.

1. Disclaimer
1. You are solely responsible for creating and implementing Your own business, marketing, career, and personal decisions, choices, actions and results arising out of or resulting from the Learning Material and interactions with Bamby Media. As such, You agree that Bamby Media is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Learning Material provided by Bamby Media.
2. Information Disclaimer
1. Any information, advice, content or documentation provided through the Learning Material, including in the associated blog, on the Website or on any other related platform do not constitute business, marketing, career, or other advice, and are provided for general information and guidance purposes only.
2. All care is taken in the preparation of the information and published materials in the associated blog, on the Website or on any other related platform. Bamby Media does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
3. To the extent permissible by law, Bamby Media 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 associated blog, on the Website or on any other related platform.
3. Mailing List Registration
1. You will be given the option to register for the Bamby Media Mailing List (the 'Mailing List').
2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

1. Email address
2. Name
1. If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from Bamby Media.
1. Governing Law & Jurisdiction
1. This Agreement is governed by the laws of Queensland, Australia.
2. In the event of any dispute arising out of or concerning the Purchase Services or the Learning Material, Bamby Media agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Queensland, Australia.
2. Severance

Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.

1. Marketing

You agree that any testimonials that may be provided by You from time to time may be used by Bamby Media for marketing purposes.

1. Entire Agreement and Modifications

Both You and Bamby Media confirm and acknowledge that these Terms and Conditions, Information Page, Payment Page, and Website Terms and Condition of the Website constitute the entire agreement between You and Bamby Media and shall supersede and override all previous communications, either oral or written, between the parties.