Terms & Conditions

 
 

Memberships terms of use agreement and liability disclaimer

These Memberships and its events, e-courses, videos, documents and other associated content (hereinafter inclusively referred to as “Memberships”) have been produced by QueenMode Pty Ltd. When you purchase our Memberships, you agree to this Terms of Use and Liability Waiver.

All sales are final for online Memberships. No refunds are issued for online courses once a sale is completed. The supplies and props used for any activities instructed are not included in the purchasing price of the Memberships.

The information in our Memberships is for educational purposes only and is not intended to provide a medical diagnosis or a substitute for medical advice. Activities in our Memberships are intended for people who are seeking to improve their confidence, emotional health and wellbeing. However, we make no representations, guarantees or warranties that the information or activities in our Memberships are appropriate for you or will result in an improvement in wellbeing and health. The information in our Memberships is by no means complete or exhaustive and therefore does not apply to all conditions or circumstances. The information and instruction in this Membership is not intended to be “therapy” or medical advice, especially since we have not personally examined you and prescribed activities specific to your individual condition.  Any use of the terms “prescribe” or “prescription” in the Memberships is referring to the precision with which the activity should be done and is not intended to mean the activities are being prescribed specifically for you or your condition(s).  Any reference to or mention of any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to diagnose your particular problems.

Before you begin the activities in the Memberships, you should get medical clearance from a medical practitioner if you have any medical conditions, diseases, injuries or disabilities. By purchasing this Membership and embarking on the activities in it, you are assuming the risk that the activities may not be appropriate for you and may increase your pain or cause you to have new pain or new symptoms. It is normal to experience emotional discomfort after doing an activity. If you feel overwhelmed and can not manage your emotional discomfort on your own, contact your QueenMode mentor or seek medical advice. 

By purchasing our memberships, QueenMode grants you a nonexclusive, non transferable, revocable access and use our copyrighted memberships & Memberships and any associated materials solely for your own personal and non-commercial use.  Our Memberships are protected under Australia and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our Memberships is strictly prohibited.  Your purchase of our Memberships does not grant you any ownership rights to our Memberships.  Any breach in the terms of this agreement may result in termination of your access to the Memberships materials.

Our Memberships may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Our Memberships are intended solely for Users who are at least 18 years of age or older.  Any use of or access to our Memberships by anyone under such age, is unauthorised, unlicensed and in violation of these Terms of Use. By purchasing our Memberships, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement. QueenMode has sole right and discretion to determine whether to sell our Memberships to any individual and may reject a purchase by any individual with or without explanation.

We will respond quickly to claims of copyright infringement as found in our Memberships, according to the terms of the Copyright Act 1968 as found under Australian Federal law. If you believe any copyrights are infringed by our Memberships, please provide us with a written notice via email that contains the following information:

(1) An electronic signature of the person authorised to act on behalf of the owner of the copyright interest;

(2) A description of the copyrighted work that you claim has been infringed;

(3) A description of where the material that you claim is infringing is located on our Website;

(4) Your address, telephone number, and email address;

(5) A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.

When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorised use of your password or any other breach of security.

THE CONTENT PROVIDED IN OUR MEMBERSHIP IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. QUEENMODE, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. QUEENMODE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT.  QUEENMODE DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNISED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

IN NO EVENT WILL QUEENMODE PTY LTD OR ITS CORPORATIONS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS MEMBERSHIP WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN.   NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUEENMODE PTY LTD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE MEMBERSHIP WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

This Terms of Service Agreement shall be governed and construed in accordance with applicable Australian Federal Law and the substantive laws of Queensland without giving effect to the principles of conflict of laws.  Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.