1. Bookings of Services
- Powerful Steps requires all bookings and purchases for the Services to be made via Acuity Scheduling (the ‘Booking System’).
- If you choose to proceed with the Services, you will be bound by the terms and conditions provided to you at the point of purchase.
- In using the Purchase Services to purchase a Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
- Payment of the Purchase Price may be made through the available payment methods (the ‘Payment Gateway Providers‘)
- 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.
- Following payment of the Purchase Price being confirmed by Powerful Steps, you will be issued with a receipt to confirm that the payment has been received and Powerful Steps may record your purchase details for future.
- In the event that any payment under this Agreement is not made in full on the due date, Powerful Steps 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 this Agreement, any costs incurred by Powerful Steps for steps taken to enforce payment terms will be recoverable and payable by You.
2. Cancellation and Termination
- You must notify Powerful Steps of an intention to cancel the Services as soon as practicable through e-mail to firstname.lastname@example.org and abide by the following (‘Cancellation Policy’).
- The Services are non-refundable. This means that if you wish to terminate the Services early, all unpaid amounts of the Purchase Price are non-refundable.
- For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Services early, Powerful Steps reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Services will be revoked.
- Powerful Steps does not provide refunds for change of mind or if you do not like your look and style in the Photographic Works.
- Powerful Steps may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
- Powerful Steps reserves the right to terminate your involvement in the Services for breach of these Terms with 14 days’ notice by e-mail.
- If Powerful Steps terminates the Services, you agree to pay Powerful Steps for the portion of the Services completed up to the date and time of termination.
Cancellation and Rescheduling of one-on-one sessions
- Both Parties agree to reschedule any one-on-one sessions in writing.
- Powerful Steps understands that things change, and therefore if you need to make a request to alter your session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Purchase Price involved.
- Powerful Steps will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Powerful Steps makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
- The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel this Agreement with Powerful Steps, and you 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.
4. Services Disclaimer
You are solely responsible for creating and implementing your own career or business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and your sessions and interactions with Powerful Steps. As such, you agree that Powerful Steps is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or career, or for any direct or indirect result of any Services provided by Powerful Steps.
5. Copyright, Moral Rights and Intellectual Property
- You recognise and acknowledge that all copyright in relation to the Services and Photographic Works is the property of Powerful Steps and you will take all such steps as practicable to ensure that the copyright will vest in and remain vested in Powerful Steps.
- Powerful Steps grants to you a non-exclusive, non-transferable, royalty-free, perpetual licence to use the copyright owned by Powerful Steps in relation to the Photographic Works.
- You hereby indemnify and agree to keep indemnified Powerful Steps against all liability, losses or expenses incurred by Powerful Steps, including damage to Powerful Steps’ reputation, in relation to or in any way directly or indirectly connected with any breach of copyright by you or your agents.
- You acknowledge that Powerful Steps retains the right to use the Photographic Works in any manner at any time, including for inclusion on its website, blog, portfolio, galleries or for promotional purposes, at its complete discretion.
- Powerful Steps asserts moral rights, including attribution rights, in respect of the Photographic Works. Each use of any Photographic Works by you, including on social media, must be accompanied by an adjacent credit line acknowledging Powerful Steps’ name and copyright in the Photographic Works, unless otherwise agreed in writing.
6. Storage and Backup
You acknowledge that you are responsible for the storage and backup of the Photographic Works supplied by Powerful Steps. While Powerful Steps will follow usual back up procedures upon delivery of the Photographic Works, powerful Steps shall not be liable under any circumstances if unable to produce the backups or future reproductions of the Photographic Works upon a request by you. Where backs are available, these may be made available to you for a fee to be agreed.
8. General Disclaimer
- You acknowledge that Powerful Steps does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.
- Nothing in these 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 these Terms are excluded; and
- Powerful Steps 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and the Services of Powerful Steps is at your own risk. Everything on the Website, the Purchase Services, and the Services of Powerful Steps , are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Powerful Steps make any express or implied representation or warranty about its Content or Services or Purchase Services (including the Services or Purchase Services of Powerful Steps) referred to on the Website. This 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 Purchase Service, or any of its Content related Services (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
- the Content or operation in respect to links which are provided for your convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
9. Mailing List Registration
- You will be given the option to register for the Powerful Steps Mailing List (the ‘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
- If you choose to register for the Mailing List or you agree to receive promotional material, updates and other content from Powerful Steps.
10. Limitation of Liability
- Powerful Steps’ total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Powerful Steps is the resupply of information or Purchase Services to you.
- You expressly understand and agree that Powerful Steps, its affiliates, employees, agents, contributors, third party content providers and licensors shall 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 shall 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.
- Powerful Steps is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Powerful Steps, by third parties or by any of the Purchase Services offered by Powerful Steps.
- You agree to release Powerful Steps from any and all liability relating to colour reproduction of supplied works on any system not under the direct control of Powerful Steps. Where Powerful Steps supplies you with photographic prints, you acknowledge that the Photographic Works may fade or discolour over time due to the inherent qualities of materials used, and you agree to release Powerful Steps from any liability for any claim based upon fading or discolouration. Where a colour is unable to be reproduced accurately due to limitations in capture and output technology, you release Powerful Steps from any and all liability.
- Except as provided by under Australian Consumer Law, Powerful Steps shall not be liable for any loss or damage arising by reason of any delay in the completion of the Services, or provision of the Photographic Works; any loss of profit or revenue; any indirect or consequential loss or whatever nature; or any loss resulting from any errors or omissions arising from an oversight or misunderstanding of instructions provided by you.
- You agree to indemnify Powerful Steps, 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 any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms;
- any infringement of copyright of any person; and/or
- any breach of the Terms.
13. Force Majeure
- If circumstances beyond Powerful Steps’ control prevent or hinder its provision of the Services, Powerful Steps is free from any obligation to provide the Services while those circumstances continue. Powerful Steps may elect to terminate this Agreement or keep the Agreement on foot until such circumstances have ceased.
- Circumstances beyond Powerful Steps’ control include, but are not limited to, shortage of labour, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, failures or malfunctions of computers or other information technology systems.
- For the sake of clarity, if in Powerful Steps’ reasonable opinion, the provision of the Services will be affected by the covid-19 Pandemic, Powerful Steps may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Powerful Steps will not be liable for any losses or damage due to the covid-19 Pandemic.
14. Confidential Information
You must advise Powerful Steps in writing (including by email) if any material of information provided to Powerful Steps is of a confidential nature. Powerful Steps will keep that material or information confidential, except where disclosure is reasonably necessary to enable Powerful Steps to perform the Services.
15. No partnership or agency
Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
16. Venue and Jurisdiction
- In the event of any dispute arising out of or in relation to the Terms, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales Australia.
17. Governing Law
- The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.