Terms and Conditions

Effective date: [[9 January 2023]]

 

Digital Product Terms and Conditions

The following terms and conditions (the “Terms & Conditions”) are entered into between you (referred to as “you” or “your”) and Beautiful Light Photography (referred to as “Soulful Story Co.”, “we”, “our”, or “us”).

The Digital Product

Soulful Story Co. provides online e-learning courses, digital templates, a membership (Soulful Photography Business Membership) for photographers who are running a photography business, any one of which is a “Digital Product”. As a condition of purchasing and using the Digital Product, you agree to be bound by these Terms & Conditions.

Our Relationship With You

When you purchase a Digital Product, Soulful Story Co. agrees to provide you with access to the Digital Product, which is an educational and informational resource. The information contained in the Digital Product, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

Nothing in these Terms & Conditions forms any partnership, joint venture, employment, or agency relationship between you and Soulful Story Co..

Payment Required for Access

By purchasing the Digital Product, you understand and acknowledge that you are entering into a legally binding contract with Soulful Story Co., which requires you to pay the fees in full in exchange for access to the Digital Product.

You will only be entitled to use the Digital Product when we receive full payment of the fee in its entirety .

Due to the nature of online payments, your payment may appear as “pending” or a similar status for several days. As a gesture of good faith, we provide access immediately when you make a payment, but if the payment then fails, we may revoke your access immediately without notifying you.

Payment Authorisation

By making a payment online with your credit or debit card, you give us permission to automatically charge your payment method for the amounts specified on the Digital Product purchasing page. You also give us permission to share your payment information and instructions required to complete any and all payments in the transaction with its third-party payment providers.

By purchasing a subscription-based Digital Product which requires recurring payments:

a) you authorize Soulful Story Co. to charge your payment method automatically for each payment in the subsequent payment without further authorisation or notice to you (unless required by law).

b) it is your responsibility to ensure that the payment method we have on file for you is valid for the duration of the payments you have committed to in the any subscription you wish to maintain . If your payment method becomes invalid before completing all payments
in the payment plan, you must notify us before your next payment is due by writing to us at [email protected].

In summary, you commit to paying in full, and you may not cancel or avoid any of the payments in any selected payment plan except by correctly using the refund policy.

Consequences of Failed Payments

In the event any payment fails or is not made by the due date, your access to the Digital Product and the Online Community will be immediately suspended, and any rights or licenses to use the Digital Product and related materials will terminate as of the date of non-payment.

By agreeing to these Terms & Conditions, you acknowledge that these are fair and reasonable consequences for failed and/or missed payments.

Refund Policy

We want you to be satisfied with your purchase. For this reason, we offer a 7 days “No Questions Asked” refund policy.

If you are not satisfied with your purchase and would like to request a refund, you can email us at [email protected] within 7 days of the date of your purchase, and we will give you your money back.

What Is Included With Your Digital Product Purchase

As part of the Digital Product, Soulful Story Co. will provide the following:

Access to the Digital Product

You will receive an email with instructions on how to access the Digital Product shortly after your purchase.

You will have access to the Digital Product from the date of your purchase (the “Start Date”).

We will maintain access to the Digital Product via a digital platform, and your login details will be provided in the instructions email (the “Platform”).

Your purchase of the Digital Product comes with “lifetime access” to the Digital Product, which means that you will be able to access the Digital Product via the Platform for as long as the Digital Product remains published. If the location or method of access to the Platform changes, you will be notified and be provided with instructions for how to access the Platform at its new location.

If we decide to unpublish the Digital Product at any time in the future, you will receive a notification that gives you at least 3 months to download all of the materials related to the Digital Product from the Platform before it is unpublished.

Access To Online Community

We will maintain an online community that you will optionally have access to as a customer
of the Digital Product (the “Online Community”). This Online Community will be available to you from the Start Date. The Online Community provides a forum for you to connect with other Digital Product customers and to seek guidance and support. Our staff will seek to interact with Digital Product participants in the group, but we do not make any guarantees about participation by our staff or other members. You are required to abide by any and all rules posted in that Online Community. If you fail to abide by those rules, you will forfeit your right to participate in the Online Community. If you lose your right to participate in the Online Community as a result of rules violation, you will not receive any discount or refund.

Bonuses

From time to time, Soulful Story Co. will offer bonuses to individuals who purchase the Digital Product. You shall be entitled to any bonuses offered to you at the time of purchase and the details of those bonuses as well as any specific requirements or conditions of use will be made clear to you on the purchase page.

Intellectual Property

All content included as part of the Digital Product, in any format, and any software used in the Digital Product, is the property of Soulful Story Co. or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights.

Your purchase and use of the Digital Product does not result in a transfer of any intellectual property to you. As a condition of your use of the Digital Product, you agree to observe and abide by all copyright and other intellectual property laws.

You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our intellectual property except as specifically allowed by these Terms & Conditions or with prior written consent from us.

Licence

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Digital Product, including all content and resources contained within the Digital Product for your own business’s use to achieve the outcomes set out on the Digital Product’s purchasing page (the “Purpose”).

You agree that you will not modify, publish, transmit, reverse engineer, transfer, create derivative works, or in any way exploit any of the content, or any part of the content, found in the Digital Product, except to the extent required to fulfill the Purpose. You also agree that you will not use your access or any part of the content in order to compete with Soulful Story Co. or to harm our business prospects or relationships.

The Soulful Story Co. content is not for resale. Your purchase and use of the Digital Product does not entitle you to make any unauthorised use of any protected content. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use or business use to the extent required to fulfill the Purpose, and you will make no other use of the content without the express written permission of Soulful Story Co.. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Soulful Story Co. or our licensors except as specified in these Terms & Conditions.

You hereby agree that any infringement of our (or our licensors’) intellectual property shall result in an immediate termination of the license granted in these Terms & Conditions.

If you violate the terms of this license, your access to the Digital Product , the Online Community, and any other related content will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees. Furthermore, if you violate this license by giving or selling a copy of our content to anyone other than a license holder, sharing your account with anyone other than a license holder, or if you imply that anyone who gets access to our content has the right to use it for his/her/its commercial purposes, we reserve the right to invoice you for the licenses you have gifted or sold to others.

Confidentiality

Soulful Story Co. respects the privacy of its customers and will not disclose any Confidential Information you provide except as described in these Terms & Conditions.

“Confidential Information” is any information about a person or business which is not generally available to the public and that a reasonable person would consider to be confidential. This includes, but is not limited to:

a) information you share with us about yourself, your contact details, and your payment information;

  1. b)  the Digital Product materials, in whatever format they are provided;

  2. c)  information about business strategies, operations, financials, marketing plans, methods, forms, processes, templates, and future plans; and

d) information about customers, including their personal details and situations.
You also acknowledge that you may be exposed to certain sensitive personal information that must be treated with special care, security, processing procedures, and/or other legal and regulatory requirements in your jurisdiction, and you are responsible for complying with any such local legal or regulatory requirements with respect to that information.

Your Confidential Information may be shared with our staff, sub-contractors, and/or third party providers only to the extent necessary in order to provide the best services to you. If we do have to share your Confidential Information for this purpose, we will ensure that any person whom it is disclosed also stores and treats the Confidential Information with the appropriate level of security and secrecy.

Personal Responsibility

By using the Digital Product, you accept personal responsibility for the results of your actions. You agree that Soulful Story Co. has not made any guarantees about the results of taking (or choosing not to take) any action, whether recommended in the Digital Product or not. Soulful Story Co. provides educational and informational resources that are intended to help participants in the Digital Product succeed. However, you recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Soulful Story Co..

You also recognise that prior results do not guarantee a similar outcome. Therefore, the results obtained by others, whether they are current or past customers of the Digital Product or otherwise, do not guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Digital Product. You agree to use your judgement and conduct due diligence before taking any actions or implementing any plan or policy suggested or recommended in the Digital Product.

Materials & Information Provided By You

You own all of the information or materials (including comments, questions, feedback, suggestions, and testimonials) you may provide during use of the Digital Product or post, upload, input, or submit on any platform or social media (collectively, the “Contributions”). Soulful Story Co. will never claim ownership of these Contributions which belong to you.

However, by posting, uploading, inputting, providing, or submitting your Contributions, you are granting Soulful Story Co., our affiliated companies, and our sub-licensees permission to use your Contribution in connection with the operation of their businesses including, without limitation, the rights to:

a) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Contribution; and

b) to publish your name, your image, and your business name and logo (if applicable) in connection with your Contributions.

In other words, Soulful Story Co. has the right to include your Contributions – including any audio or video recordings of you participating in or contribution to Digital Product (if applicable) – in the Digital Product and other marketing material going forward.

No compensation will be paid for the use of your Contributions in accordance with the rights granted in these Terms & Conditions. Soulful Story Co. is under no obligation to post or use any Contributions you may provide and may remove any Contributions at any time at Soulful Story Co.’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Materials you warrant and represent that you own or otherwise control all of the rights to your Materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Materials.

Soulful Story Co. will never use any Contributions in a way that harms your business prospects or reputation. If any Contributions include the identifiable personal information of an individual other than you, Soulful Story Co. will anonymise such identifiable personal information before publicly using any Contributions.

Technology and Availability

Your use of the Digital Product and any associated services may sometimes be subject to interruption or delay.

Due to the nature of the Internet and electronic communications, we and our service providers cannot guarantee that our websites, platforms, emails, or any associated services will be error free, without interruption or delay, or free from defects in design.

We will not be liable to you should our websites, platforms, or the services supplied through them become unavailable, interrupted or delayed, or cause technical difficulties or glitches, regardless of the reason.

NO WARRANTIES

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE PERFORMANCE OR OPERATION OF THE DIGITAL PRODUCT, INCLUDING ANY TECHNOLOGICAL ASPECTS OF THE PROGRAM.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN THE DIGITAL PRODUCT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR

CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability

You agree to absolve and do hereby absolve Soulful Story Co. of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Digital Product and/or any information and resources contained in the Digital Product.

The information, software, products, and services included or available through the Digital Product may include inaccuracies or typographical errors. Soulful Story Co. and/or its suppliers may make improvements and/or changes in the Digital Product at any time.

To the maximum extent permitted by applicable law, in no event shall Soulful Story Co. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, equitable, consequential loss or damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Digital Product, with the delay or inability to use the Digital Product or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Digital Product, or otherwise arising out of the use of the Digital Product, whether based on contract, tort, negligence, strict liability, or otherwise, even if Soulful Story Co. or any of its suppliers has been advised of the possibility of damages.

Nothing in these Terms & Conditions excludes or limits the liability of Soulful Story Co. for death or personal injury caused by negligence, fraud or fraudulent representation, or any other liability which cannot be limited or excluded by applicable law in your jurisdiction.

If you are dissatisfied with the Digital Product or any portion of it, your sole and exclusive remedy is to discontinue using the Digital Product. In this case, no refund or rebate will be given except if you correctly use the refund policy in these Terms & Conditions.

Indemnification

You agree to indemnify, defend, and hold harmless Soulful Story Co., its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of:

  1. a)  your use of or inability to use the Digital Product and related services,

  2. b)  any Contributions made by you,

  3. c)  your violation of any terms of these Terms & Conditions,

  4. d)  your violation of any rights of a third party, or

  5. e)  your violation of any applicable laws, rules, or regulations.

Soulful Story Co. reserves the right, at its own cost, to take over the defence and control of any matter that you are obligated to indemnify, in which case, you will fully cooperate with Soulful Story Co. in the defence of the matter.

Termination And Access Restriction

Soulful Story Co. reserves the right to terminate your access to the Digital Product and any related services at any time if:

  1. a)  you become disruptive or abusive to Soulful Story Co. staff;

  2. b)  you fail to follow the Digital Product guidelines, rules, or any other reasonable instructions from Soulful Story Co.; or

c) you otherwise violate these Terms & Conditions. You will not be entitled to a refund of any portion of the fees if we terminate your access for any of these reasons.

Entire Agreement

These Terms & Conditions, along with any agreements and policies incorporated by reference, constitute the entire agreement between you and Soulful Story Co. with respect to the Digital Product, and they supersede all prior or agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between you and Soulful Story Co. with respect to the Digital Product.

A printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Interpretation

Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa. The headings contained in these Terms & Conditions are for convenience only and do not affect their interpretation.

Severability

If any provision of these Terms & Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then such invalidity or unenforceability shall not affect the other provisions of these Terms & Conditions, which shall remain in full force and effect.

You agree to attempt to substitute for any invalid or unenforceable provision with a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

No Waiver

The failure or delay in enforcing or exercising any term of or any right under these Terms & Conditions is not a waiver of that term or right and will in no way affect the right to later to enforce or exercise it.

Force Majeure

Soulful Story Co. shall not be liable or responsible to you, nor will it have defaulted or breached these Terms & Conditions, for any failure or delay in fulfilling or performing any part of these Terms & Conditions to the extent such failure or delay is the result of acts or circumstances beyond our reasonable control. (“Force Majeure Events”).

Force Majeure Events include, but are not limited to, acts of God, natural disasters, governmental actions, terrorist threats or acts, civil unrest, national emergency, epidemic, lock-outs, labor disputes, materials or telecommunication breakdown, and power outage.
We are a small business with limited staff. Any illness affecting one or one or more of our staff members that prevents the effective day-to-day running of the business is also considered a Force Majeure Event.

Effective Date

These Terms & Conditions shall apply and be enforceable with respect to each Digital Product purchased by you from the date that you initially purchase that Digital Product.

Governing Law

These Terms & Conditions are governed, construed, and interpreted according to the laws of Australia and are subject to the exclusive jurisdiction of the courts of Atherton, Queensland, Australia.

Changes to these Terms & Conditions

We may make changes to these Terms & Conditions without informing you. If we update, amend or make any changes to these Terms & Conditions or any documents or policies referred to in them, those changes will be posted on the website.

Contacting Us

For any questions, comments, or concerns regarding these Terms & Conditions, please contact us at [email protected].