1.      About the Website

1.1.            Welcome to www.reneeyam.com (Website). The Website provides you with an opportunity to browse and purchase an online course called Hello Liberty (Course) that has been listed for sale through the Website, and to browse the services offered by Renee Yam (Services). The Website also provides the opportunity to access blogs (Blogs) and download free digital products (Eproducts). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

1.2.            The Website is operated by Renee Yam t/as Renee Yam (abn: 99 553 764 038). (Renee Yam). Access to and use of the Website, or any of its associated Services and Purchase Services, are provided by Renee Yam. 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, or any of Services, immediately.

1.3.            Renee Yam 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.

2. Acceptance of the Terms

          You accept the Terms by remaining on the Website.

3. Registration to use the Purchase Services

3.1   In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

(a)      E-mail Address

(b)      Password

(c)      ABN/ACN

(d)      Address

3.2   You warrant that any information you give to Renee Yam in the course of completing the registration process will always be accurate, correct and up to date.

3.3   Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

3.4   You may not use the Purchase Services and may not accept the Terms if:

(a)      you are not of legal age to form a binding contract with Renee Yam; or

(b)      you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

As a Member, you agree to comply with the following:

4.1  You will use the Purchase Services only for purposes that are permitted by:

(a)      the Terms;

(b)      any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c)      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 Purchase Services;

(d)      any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Renee Yam of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e)      access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Renee Yam providing the Purchase Services;

(f)       you will not use the Purchase Services 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;

(g)      you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Renee Yam for any illegal or unauthorised use of the Website; and

(h)      you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Course

5.1.            In using the Purchase Services to purchase the Course through the Website, you will agree to the payment of the purchase price listed on the Website for the Service (Purchase Price).

5.2.            If you purchase a Course, you are bound by the terms and conditions at the point of purchase.

5.3.            Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers)

5.4.            Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

5.5.            In using the Purchase Services, 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.

5.6.            Following payment of the Purchase Price being confirmed by Renee Yam, you will be issued with a receipt to confirm that the payment has been received and Renee Yam may record your purchase details for future.

5.7.            In the event that any payment under this Agreement is not made in full on the due date, Renee Yam is entitled to charge You interest at the rate of 5% per annum, calculated daily.

5.8.            You agree that if You default on any payments due and payable under these Terms, any costs incurred by Renee Yam for steps taken to enforce payment terms will be recoverable and payable by You.

5.9.            You agree and acknowledge that Renee Yam can vary the Purchase Price at any time for future purchases of a Course.

6. Delivery of Course Services and License Information  

6.1.            Each purchase of the Course grants you access to the Course through the available platform (Course Portal).

6.2.            When you purchase a Course, Renee Yam grants you a limited, revocable, non-exclusive, non-sub licensable, 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).

6.3.            The Licence is valid for the term outlined on the relevant Course Information Page (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.

6.4.            The Licence is intended for a single use only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.

7.   Course Termination and Refunds

7.1.            The Course is non-refundable. This means that if You wish to terminate the Course early, all remaining amounts of the Purchase Price are non-refundable.

7.2.            If You are paying through a payment plan, You are required to make all outstanding payments of the Purchase Price within 7 days of termination.

7.3.            Renee Yam reserves the right to terminate Your involvement in the Course for breach of this Agreement with 7 days’ notice by email.

7.4.            Renee Yam will only provide You with a refund of the Purchase Price in the event that Renee Yam is unable to continue to provide the Services (Refund).

8.  Warranty

8.1.            Renee Yam will use her best efforts and take all reasonable steps to help you achieve your desired results. However, Renee Yam makes no warranty that the Course or the Services will meet your requirements or that all participants will achieve the same results.

8.2.            The Services and Course 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 Renee Yam, 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.

9.     Service and Course Disclaimer

9.1.            You are solely responsible for creating and implementing your own personal, business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and your interactions with Renee Yam, including via the Course. As such, you agree that Renee Yam is not and will not be liable or responsible for any actions or inaction, including effects on your personal life, relationships or career, or for any direct or indirect result of any Services provided by Renee Yam.

9.2.            You acknowledge and agree that the Services offered by Renee Yam, including the Course, are not therapy offerings and are not a substitute for therapy.

10.     Information Disclaimer

10.1.            Any information, advice, content or documentation provided through the Services, including in the Course, Blog, Eproducts, on the Website, social media accounts, You Tube, or on any other related platform do not constitute professional, medical, psychological or other advice, and are provided for general information and guidance purposes only. This includes information, guidance or advice provided by third-party guests and speakers on Renee Yam’s platforms, including with the Course. You acknowledge and agree that the Services offered by Renee Yam, including the Course, are not therapy offerings and are not a substitute for therapy.

10.2.            All care is taken in the preparation of the information and published materials on the Website, Eproducts, Course, social media accounts, You Tube, and any other related platform. Renee Yam does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

10.3.            To the extent permissible by law, Renee Yam will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which 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 in the Course, the Website, Eproducts, Blog, any podcast, or through social media accounts including You Tube.

11.      Copyright and Intellectual Property

11.1.            You acknowledge that the Website, the Purchase Services, Renee Yam’ name, Services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Renee Yam or its affiliates, licensors, or suppliers whether displayed on the Website, Course Platform, social media accounts, You Tube, blog, within the podcast or on any other related platform (Content).

11.2.            You hereby indemnify and agree to keep indemnified Renee Yam against all liability, losses or expenses incurred by Renee Yam in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Renee Yam or any third party by you or your agents.

11.3.            You may not, without the prior written permission of Renee Yam 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. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

11.4.            For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Renee Yam, Renee Yam grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

12.       Privacy

Renee Yam takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Renee Yam’ Privacy Policy.

13.      General Disclaimer

13.1.            You acknowledge that Renee Yam does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.

13.2.            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.

13.3.            Subject to this clause, and to the extent permitted by law:

(a)      all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b)      Renee Yam 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.

13.4.            Use of the Website, the Purchase Services, and any of the Services of Renee Yam is at your own risk. Everything on the Website, the Purchase Services, and the Services of Renee Yam, 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 Renee Yam make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of Renee Yam) 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:

(a)      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;

(b)      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);

(c)      costs incurred as a result of you using the Website, the Purchase Services or any of the Services;

(d)      the Content or operation in respect to links which are provided for your convenience;

(e)      any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f)       any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

14.      User Generated Content

14.1.             If you choose to contribute any content to the Website or any other platform operated by Renee Yam, 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 ).

14.2.            By contributing content to the Website, you grant Renee Yam 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, including You Tube, held by Renee Yam.

14.3.            Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Renee Yam can use that information with your User Content for advertising and promotional purposes, or any other business purpose

14.4.            You confirm you own or have the right to use any copyright material included in Your Content (including replies to Renee Yam social media posts, You Tube, 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 Renee Yam. 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.

14.5. Please ensure you keep your own copies of Your Content as Renee Yam may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

14.6.            Renee Yam will endeavour to provide you with an appropriate credit when using Your Content on Renee Yam platforms, though you understand and agree this may not always be possible.

14.7.            Renee Yam reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

15.     Mailing List Registration

15.1.            You may be given the option to register for the Renee Yam Mailing List (Mailing List).

15.2.            As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a)      Email address

(b)      Name

15.3.            If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Renee Yam.

16.      Limitation of Liability

16.1.            Renee Yam's 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 Renee Yam is the resupply of information or Purchase Services to you.

16.2.            You expressly understand and agree that Renee Yam, 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.

16.3.            Renee Yam 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 Renee Yam, by third parties or by any of the Purchase Services offered by Renee Yam.

17.      Indemnity

17.1.            You agree to indemnify Renee Yam, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)      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;

(b)      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; and/or

(c)      any breach of the Terms.

18.      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 shall be in the courts of New South Wales, Australia.

19.      Governing Law

          The Terms are governed by the laws of New South Wales, Australia. Any dispute arising out of or in any way relating to the Terms will be governed pursuant to the laws of New South Wales, Australia.

20.      Independent Legal Advice

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

21.      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.