The following terms and conditions are entered into by and between You and Brook McCarthy of Hustle and Heart (“Company”, “us”, “we”, or “our”) which owns and operates www.hustlenadheart.com.au (the “site”).
These are the terms and conditions governing the use of this Service and the agreement that operates between You and the Company. These terms and conditions set out the rights and obligations of all users regarding the use of our services.
Your access to and use of our services is conditioned on your acceptance of and compliance with these terms and conditions. These terms and conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these terms and conditions. If You disagree with any part of these terms and conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Content
All information on this site, including any and all copyrights, trademarks, design rights and other intellectual property rights related to the content and work product on this Site, are owned by Brook McCarthy, with the exception of the content you submit to us set forth in the section below.
The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Site does not grant you any ownership rights to the Content of our Site.
The reproducing in any format (including on another website) of any part of our Site (including content, images and designs) without our prior written consent is strictly prohibited.
Requests for prior written consent should be addressed to the following email: hello @ brookmccarthy (dot) com
You may provide links to our Site as long as:
- you clearly give credit to us as the author,
- include a hyperlink to our Site,
- you do not remove or obscure any portion of our Site by framing or otherwise,
- your website does not engage in illegal or pornographic activities, and
- provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not provide links in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent. You must not provide links from any website that is not owned by you.
You must cease providing links to our Site immediately upon our request.
Reliance on site content
The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.
Please refer to our Disclaimers and Disclosures page for further information.
Every effort has been made to only provide complete and accurate information. However, we disclaim all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on this Site and shall not be liable for any damages or harm.
Content you submit to us
You may be provided with the ability to upload, display, post, transmit, send, email or otherwise submit to us on the Site or on any of our social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to us”).
You expressly acknowledge and agree that once you submit the content to us, it will be accessible by others, and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.
You, and not us, are entirely, and solely, responsible for all the content you submit to us. We do not claim ownership rights in the content you submit to us. However, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or hereafter devised.
You represent and warrant that:
- the content you submit to us is your original creation or you own the content or otherwise have the right to grant the license set forth above
- the content you submit to us does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person,
- the content you submit to us does not result in a breach of contract between you and a third party,
- the content you submit to us does not contain any libelous, defamatory, or obscene material or content that violates our terms of use or those of our social media accounts.
You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of the content you submit to us and for all royalties, fees, and any other monies owing any person by reason of the content you submit to us.
Content backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
No warranties
We make no representations or warranties of any kind, express or implied, as to the performance or operation of the Site and the information, contents, materials, documents, products, or services included on or through the Site. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of liability
To the maximum extent permitted by applicable law, in no event will our company or its directors, employees, or agents be liable to you or any third person for any direct, indirect or consequential loss or damage incurred in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.
You expressly acknowledge and agree that our company its directors, employees, or agents
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.
Prohibited use
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions.
You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or attempting to damage, disable or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.
You agree to use the Site for lawful purposes only and any violation of any provision contained in these terms may subject you to civil and/or criminal liability.
Privacy policy
While using the Site, you may provide certain personally identifiable information, such as your name, email address or IP address.
We process information about you in accordance with our Privacy Policy.
By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
Links to third party sites and services
This Site may from time to time contain links to third-party sites and services.
We have no control over and assume no responsibility for the content or practices of any third-party Sites or for any loss or damage that may arise from your use of them.
We recommend that you review the privacy policy and terms and conditions of such third-party sites. Once you leave our Site, you are no longer governed by our terms and conditions.
Embedded content from other sites
Content on this Site may include embedded content (e.g. videos, images, articles, etc.).
Embedded content from other sites behaves in the exact same way as if the visitor has visited the other website.
These sites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that site.
Affiliate links
We may have a financial relationship with some of the merchants we mention.
This Site may contain affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link.
Our editorial content, including the opinion we express on products, services and merchants are not influenced in any way by advertisers or affiliate partnerships.
We only endorse products, services and merchants that we have personally used/tested and consider of the highest quality standard.
Please refer to our Disclaimers and Disclosures page for further information.
Intellectual property
The contents, materials, documents, courses, products, or services included, offered, or purchased on or through the Site are protected by international copyright law and may not be copied, reproduced, given away, or used to create derivative works without our expressed written permission.
When using the Site, purchasing a digital product or course from the Site or downloading digital product free of charge or in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of our contents, materials, documents, products, courses or services included, offered, or purchased on or through the Site for your personal or internal business use only.
You expressly acknowledge and agree that we retain full copyrights and under the aforementioned limited, personal, non-exclusive, non-transferable license you have no right to:
- modify, copy, reproduce or sell the materials;
- use the materials for any commercial purpose;
- decompile or reverse engineer;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person;
- create derivative works based upon the materials;
- offer any competing products based upon the materials.
Confidentiality
You acknowledge and agree that Confidential Information may be exchanged between parties in connection with the use of our Site and information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.
You must maintain the secrecy of Confidential Information and treat all Confidential Information as private and confidential. You shall use Confidential Information solely in the performance of the obligations under these terms and conditions. You shall not disclose the Confidential Information without prior written consent except where required by law or regulation. You shall indemnify us against all losses, costs, expenses and other liabilities which may be suffered or incurred in connection to or arising out of any breach of confidentiality.
Refund and return policy
When purchasing a product through the Site, you agree to the payment of the purchase price listed on the Site for the Product (the ‘Purchase Price’).
Payment of the Purchase Price may be made through a Payment Gateway Provider such as Stripe, PayPal, Google Pay, or ApplePay. In purchasing a product through the Site, you warrant and represent that you agree to be bound by the applicable terms and conditions, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.
Once the purchase is completed, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use.
No refunds
Due to the nature of digital content, all purchases of digital products, courses and memberships from our Site are final unless a refund is required under relevant consumer protection laws.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these terms and conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Governing law
These terms of use and any dispute or claim arising from or in connection with them shall be governed in accordance with the laws of Australia.
Limitation of liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
“As is” and “as available” disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.
To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Indemnification
You agree to indemnify, defend, and hold us and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, and affiliates free from and against any and all legal claims, demands, liability, loss, claim, and expense, including reasonable attorney fees, court costs and other legal expenses, which may arise from or relate to your violation of these terms and conditions, any act or omission in connection with your use of our Site, or your infringement, of any intellectual property or other right of any person or entity.
Amendments
We reserve the right to revise these terms and conditions at any time by amending this page.
All updates will be posted on this page and you are expected to check this page from time to time to take notice of any changes.
If you do not agree with the changes to these terms and conditions, you can choose to discontinue the use of our Site.
Entire agreement; modification
These terms and conditions constitute the entire understanding between the parties with respect to the subject matter hereof and specifically incorporate, supersede and replace all prior or contemporaneous oral and written agreements relating to the subject matter hereof.
No portion or provision of these terms and conditions may be changed, modified, amended, waived, supplemented, discharged, canceled or terminated orally or by any course of dealing, or in any manner other than upon written notice.
For European Union (EU) users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
Counterparts
These terms and conditions may be executed in any number of counterparts in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same terms and conditions.
Assignment
Neither these Terms & Conditions nor any of the rights, interests or obligations granted hereunder shall be assigned, sold, leased or otherwise transferred in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of the other parties. Subject to the foregoing, these Terms & Conditions will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.
Severability
Any provisions of these terms and conditions which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such condition, the remainder of these terms and conditions shall continue in full force and shall be enforced to the maximum extent possible.
No waiver
The failure to exercise any right, power or remedy provided under these terms and conditions or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Termination
We reserve the right to terminate your rights under these terms and conditions without notice if you fail to comply with any of these terms and conditions.
All rights reserved
All rights not expressly granted in these terms and conditions of Use and Privacy Policy or any express written here, are reserved by Company.
Contact information
hello @ brookmccarthy (dot) com
Last updated: November 6, 2023