Terms and Conditions

Website Terms And Conditions of Use

1. About the Website
   • Welcome to brookemcintosh.com.au (Website). The Website is operated by Brooke Emma Rose Pty Ltd (abn: 26 663 908 763) t/as Brooke McIntosh (Brooke McIntosh).
   • The Website provides you with an opportunity to browse and purchase an online course including both self-guided online content and group coaching calls (Course) that have been listed for sale through the Website and provides you the opportunity to browse Brooke McIntosh’s services (Services).
   • Access to and use of the Website is provided by Brooke McIntosh. 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 immediately.
   • Brooke McIntosh reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms

• You accept the Terms by remaining on the Website.

3. Registration to Purchase the Course
   • In order to access the Course, you may be required to register as a user of the Website. As part of the registration process you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
     • E-mail Address
     • Password
     • Address
   • You warrant that any information you give to Brooke McIntosh in the course of completing the registration process will always be accurate, correct and up to date.
   • Once you have completed the registration process, you will be a registered member of the Website (Member).
   • You may not use the Course and may not accept these Terms and Conditions if:
     • you are not of legal age to form a binding contract with Brooke McIntosh; or
     • you are a person barred from receiving the Course under the laws of Australia or other countries including the country in which you are resident or from which you use the Course.

4. Your obligations as a Member
   • As a Member, you agree to comply with the following:
   • You will use the Website and the Course only for purposes that are permitted by:
     • these Terms and Conditions and the terms and conditions set out on the Website;
     • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
     • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Course;
     • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Brooke McIntosh of any unauthorised use of your password or email address or any breach of security of which you have become aware;
     • access and use of the Course is limited, non-transferable and allows for the sole use of the Course by you;
     • you will not use the Course or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.

5. Purchase of Course and Refund Policy
   • In purchasing the Course through the Website, you will agree to the payment of the purchase price listed on the Website for the Course (Purchase Price).
   • Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
   • 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.
   • You acknowledge and agree that where a request for the payment of the Purchase Price 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 Purchase Price.
   • 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 Where the services are provided outside Australia, GST is inapplicable.
   • In the event that you are making payment under a payment plan, and any payment under the Terms is not made in full on the due date, Brooke McIntosh 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 the Terms, any costs incurred by Brooke McIntosh for steps taken to enforce payment terms will be recoverable and payable by you.
6. Delivery of Course and Licence Information
   • Each Course purchase grants to you access to the Course through the online course platform provided or other platforms used from time to time (Member Portal).
   • When you purchase a Course through the Website, Brooke McIntosh grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
   • The Licence is valid for the Course term outlined in the Course information page of the relevant Course (Licence Term). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire and You will no longer be able to access the Course.
   • The Courses are intended for a single use only. Sharing your Licence is prohibited. This includes the sharing of any supplemental Course materials, digital resources, and access to any other aspect of the Course.
7. Course Refunds
   • Please notify Brooke McIntosh of an intention to cancel your involvement in the Course as soon as practicable through e-mail to itsme@brookemcintosh.com.au .
   • The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Fees are non-refundable.
   • For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Brooke McIntosh reserves the right to immediately collect all outstanding amounts of the Fees without notice charging your method of payment, and your access to the Course will be revoked.
   • The Course is non-refundable. This means that if you wish to terminate the Course early, all unpaid amounts of the Fees are non-refundable. This is due to the nature of the Course and the fact that you have access to the Course materials and Brooke McIntosh’s intellectual property from the commencement date. You acknowledge and agree that You are receiving considerable value upon registering for the Course that extends beyond group coaching sessions.
8. Group Component of the Course
   • The Course includes a group coaching component. As a participant in the Course (Participant), you expressly agree that you will not, through any means:

• harm, harass, hassle or abuse other participants; or
• send un-welcomed communication such as spam to other participants; or
• act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
• infringe the intellectual property or privacy rights of any participant or any third-party.
  • Brooke McIntosh, at its discretion, reserves the right to remove, edit or alter any content created by you or in the Member Portal or any other platform utilised in the delivery of the Course.
  • Brooke McIntosh retains the right to deny you access to the Courses at any time for breach of these Terms and Conditions.

9. Warranty
   • Brooke McIntosh will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Brooke McIntosh makes no warranty that the content on the Website or within the Course will meet your requirements or that all participants will achieve the same results.
   • The Course comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Course, you are entitled to cancel your contract with Brooke McIntosh and are entitled to a refund for the unused portion. 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.
10. Disclaimer
    • You are solely responsible for creating and implementing Your own physical, emotional well-being decisions, choices, actions and results arising out of or resulting from the Website, the Course and Your group sessions and interactions with Brooke McIntosh. As such, You agree that Brooke McIntosh is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Website material or content within the Course provided by Brooke McIntosh.
    • You understand that any information You receive through Your involvement in the Course, or through any materials and documents provided to You are not a substitute for psychological, legal, business or financial advice. Brooke McIntosh recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Course or the Website. Brooke McIntosh will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.
11. Information Disclaimer
    • Any information, advice, content or documentation provided on the Website, through the Course, Member Portal, through accompanying Course materials, 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.
    • All care is taken in the preparation of the information and published materials on the Website, through the Course, Member Portal and through the accompanying Course materials, social media accounts, podcast, or on any other related platform. Brooke McIntosh 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, Brooke McIntosh will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that 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 on the Website, through the Courses, Member Portal, through accompanying Course materials, social media accounts or on any other related platform.
12. Copyright and Intellectual Property
    • The Website, the Course and all of the related products of Brooke McIntosh are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Courses and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Course are owned or controlled for these purposes and are reserved by Brooke McIntosh or its contributors.
    • All trademarks, service marks and trade names are owned, registered and/or licensed by Brooke McIntosh, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
      • use the Website pursuant to the Terms;
      • copy and store the Website and the material contained in the Website in your device’s cache memory; and
      • print pages from the Website for your own personal and non-commercial use.
    • Brooke McIntosh does not grant you any other rights whatsoever in relation to the Website or the Course. All other rights are expressly reserved by Brooke McIntosh.
    • Brooke McIntosh retains all rights, title and interest in and to the Website and all related Course. Nothing you do on or in relation to the Website will transfer any:
      • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    • You may not, without the prior written permission of Brooke McIntosh 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 Course or Course materials for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
13. Privacy

Brooke McIntosh takes your privacy seriously and any information provided through your use of the Website and/or Course is subject to Brooke McIntosh’s Privacy Policy, which is available on the Website.

14. General Disclaimer
    • Nothing in the 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:
      • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      • Brooke McIntosh 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 Course or these Terms (including as a result of not being able to use the Course or the late supply of the Course), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    • Use of the Website and the Course is at your own risk. Everything on the Website and the Course is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Brooke McIntosh make any express or implied representation or warranty about the Course or any products or Course referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      • 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;
      • the accuracy, suitability or currency of any information on the Website, the Course, or any of its Course related products (including third party material and advertisements on the Website);
      • costs incurred as a result of you using the Website, the Course or any of the products of Brooke McIntosh; and
      • the Course or operation in respect to links which are provided for your convenience.

15. Third Party Services

The Website or the Course may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Brooke McIntosh does not control any Third-Party Services. Brooke McIntosh additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Brooke McIntosh will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.

16. Limitation of liability
    • Brooke McIntosh’s total liability arising out of or in connection with the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply to you.
    • You expressly understand and agree that Brooke McIntosh, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
17. User Generated Content
    • If you choose to contribute any content to the Website or any other platform operated by Brooke McIntosh, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
    • By contributing content to the Website, you grant Brooke McIntosh a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Brooke McIntosh.
    • Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Brooke McIntosh can use that information with Your Content for advertising and promotional purposes, or any other business purpose.
    • You confirm you own or have the right to use any copyright material included in Your Content (including replies to Brooke McIntosh social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Brooke McIntosh. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
    • Please ensure you keep your own copies of Your Content as Brooke McIntosh may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
    • Brooke McIntosh will endeavour to provide you with an appropriate credit when using Your Content on Brooke McIntosh platforms, though you understand and agree this may not always be possible.
    • Brooke McIntosh reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religious or otherwise objectionable and offensive.
18. Mailing List Registration
    • You may be given the option to register for the Brooke McIntosh Mailing List (Mailing List).
    • As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
      • Email address
      • Name
    • If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Brooke McIntosh.
19. Indemnity
    • You agree to indemnify Brooke McIntosh, its affiliates, employees, agents, contributors, third party content providers and licensors from and against.
      • 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 Your Content;
      • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
      • any breach of the Terms.

20. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Western Australia.

21. Governing Law

The Terms are governed by the laws of Western Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Western Australia.

22. Independent Legal Advice

Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.

23. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.