1. About The Website
Welcome to https://charlotteisaac.com/.
Access to and use of this Website and its associated content is provided by Charlotte Isaac (“Charlotte Isaac”, “we”, “us”, “our”, “she” and “her”) on the following terms.
Charlotte Isaac reserves the right to review and change these Terms at her sole discretion. When Charlotte Isaac updates the Terms, she will use reasonable endeavours to provide notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication, and you accept the changed Terms by your subsequent use of the Website.
Before you continue, we recommend you keep a copy of the Terms for your records.
We offer our email subscribers and website visitors access to content or information not available to non-subscribing users. Terms and conditions attaching to the use of any subscriber service are in addition to these terms and are incorporated hereto by reference.
2. Acceptance Of The Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface. You accept responsibility for use by any user who accesses the Website through your account, however if you use or access the Website through another person’s account these terms are also binding on you.
3. Your Data And Your Use Of The Website
Charlotte Isaac implements security procedures to help protect your data from security attacks. However, given the nature of the internet and the cloud:
• Charlotte Isaac cannot guarantee that any data transmission is totally secure. Whilst Charlotte Isaac takes precautions to protect information, she does not warrant and cannot ensure the security of any information you transmit to us or the Website. You, therefore, transmit to the Website at your own risk. However, once Charlotte Isaac receives data, she will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the Website, please contact us immediately via firstname.lastname@example.org;
• Charlotte Isaac cannot guarantee that the Website is free from viruses, malware, fault, human error or other conditions which could damage, use or interfere with your data or computer systems. You must take your own precautions to ensure that your systems are not infected with any such code and assume the risk of any damage or loss as a result of using the Website. You must ensure that your use of the Website and all your data is at all times compliant with all applicable local, state, federal and international laws and regulations (“Laws”).
You represent and warrant that:
• you have obtained all necessary rights, releases, privacy consents and permissions to provide all data you provide to Charlotte Isaac and to grant the rights granted to Charlotte Isaac in these Terms; and
• your data and its transfer to and use by Charlotte Isaac as authorised by you under these Terms do not and will not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorised herein is not inconsistent with the terms of any applicable privacy policies. Charlotte Isaac assumes no responsibility or liability for your data, and you shall be solely responsible for your data and the consequences of using, disclosing, storing, or transmitting it.
Charlotte Isaac may remove or delete your data from the Website without notice and you acknowledge and accept that Charlotte Isaac has no obligation to retain, or to return to you or any other person, any of your data or your materials.
We will comply with our obligations under the Spam Act 2003 (Cth), and may contact you at the email or other address which you provide to us in order to:
• provide you with news alerts and other information which you sign up to receive from us;
• provide you with updated information about our Website; or
• provide you with other information about our goods and services which you may enjoy such as partner site announcements, invites, downloads or surveys.
If you wish to stop receiving alert e-mails from us, you can unsubscribe by clicking the “Change Subscription Preferences” link or “unsubscribe from the list” link at the bottom of all emails sent by us.
We do not warrant that we will continue to make online access available generally, or at all, and reserve the right at any time to impose or increase fees for future access to any material appearing on the Website.
4. Fees for our products and services
You agree to pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time you make a purchase. Fees will be calculated in accordance with our pricing schedule (as made available by us from time to time on our website). Unless stated otherwise, fees are charged in Australian dollars and are expressed exclusive of GST (which applies in addition where so required by the GST law). You must provide us with valid credit card information as a condition to purchasing goods and/or services from us.
You agree to provide us with complete and accurate billing and contact information. This information includes your company name, street address, e-mail address, and name and telephone number of an authorised billing contact. You agree to update this information within 5 business days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to not provide you with any goods and/or services in addition to any other legal remedies.
If you believe that you have been incorrectly billed by us, you must contact us in writing within 60 days of the date of your booking containing the amount in question to be eligible to receive an adjustment or credit.
You agree that we will not be liable for any loss caused by any unauthorised use of your credit card or any other method of payment by a third party in connection with your purchase. You waive your right to dispute any payment made into your account and you will bear all costs.
Any attempt to defraud, through the use of credit cards or other methods of payment in connection with your purchase, or any failure by you to honour charges or requests for payment may result in immediate termination of your services or the cancellation of your order for goods. In the case of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your access to our goods and services. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.
To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, but can be limited, is limited, at our option to supply of the goods or service ordered by you again or paying for their resupply.
We do not offer refunds for “change of mind.”
5. Copyright And Intellectual Property
The Website, the content and all of the materials made available by Charlotte Isaac on the Website are subject to copyright protection under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Charlotte Isaac, and/or their contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Charlotte Isaac.
Charlotte Isaac grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are using the Website 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.
Charlotte Isaac does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Charlotte Isaac. Charlotte Isaac retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you or any user any:
• business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• 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).
You may not, without the prior written permission of Charlotte Isaac 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 content or third-party content 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.
7. General Disclaimer
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
• Charlotte Isaac 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 use of the Website, the content or these Terms (including as a result of not being able to use the Website or content or any delay or interruption to their supply), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and content is at your own risk. Everything on the Website and the content 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 Charlotte Isaac make any express or implied representation or warranty about the content or any products or content (including the products or content of Charlotte Isaac) referred to on the Website.
Charlotte Isaac excludes loss or damage you might suffer including 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 content, or any of its content related products (including third party material and advertisements on the Website;
• your use of the Website or provision of data to the Website, the content, or any of the goods or services of Charlotte Isaac;
• defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct;
• the content or operation in respect to links which are provided for your convenience.
These Terms may be produced and relied upon as a complete defence to any claim made against Charlotte Isaac, its related bodies corporate or their affiliates, employees, agents, contributors and licensors.
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.
8. Limitation Of Liability
Charlotte Isaac’s total liability arising out of or in connection with the use of the Website, the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the resupply of the goods and/or services to you or payment of the cost of having the goods and/or services supplied again, at Charlotte Isaac's discretion.
9. Termination Of Contract
If you are using any of Charlotte Isaac’s subscription services and wish to terminate the terms, you may do so by cancelling your subscription in accordance with the applicable terms.
Charlotte Isaac may at any time, suspend or terminate your access to the Website if in Charlotte Isaac’s opinion (which it may exercise in its sole discretion):
• you have (or any person you invite to join on the Website with you has) breached any provision of the Terms or intend to breach any provision;
• Charlotte Isaac is required to do so by law;
• Charlotte Isaac is transitioning to no longer providing the goods or services in the country in which you are resident or from which you use the Website;
• your conduct (or the conduct of any person you invite to join on the Website with you) is or may be unlawful, or impacts or may impact Charlotte Isaac’s name or reputation or violates or may violate the rights of another party; or
• the provision of the goods and/or services to you by Charlotte Isaac, is in the opinion of Charlotte Isaac, no longer commercially viable.
You acknowledge and agree that:
• in accessing the Website, you have relied on your own skill and judgment in determining its and their sufficiency for the use and results which you intend to obtain;
• Charlotte Isaac has made no promise, representation or warranty in respect of the profitability, benefits, outcome or any other consequence in your use of the Website, or in respect of the suitability of the Website to your operations, business or needs.
The rights and obligations of each of the parties under these Terms will survive expiration or termination of these Terms.
Charlotte Isaac has no liability or responsibility for the actions or inactions of the third parties or any subscriber who uses our subscription services.
You agree to indemnify Charlotte Isaac, and their 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 your breach of these Terms or otherwise in connection with the content you provide to the Website;
• any direct or indirect consequences of you accessing, using or communicating on the Website or attempts to do so;
• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) in relation to your use of the Website or those of any person you invite to use the Website with you; and
• 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 any action or notice by a third party, including a regulator, regarding your use of the Website.
11. 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.
12. Independent Legal Advice
By using the Website, you accept that the provisions of the Terms are fair and reasonable and you have had the opportunity to obtain independent legal advice prior to commencing use. You agree that the Terms are not unfair, unconscionable, or against public policy on the grounds of inequality of bargaining power. A provision of the Terms will not be interpreted against a party by virtue of that party having proposed the provision.
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.