Digital Service Terms and Conditions - Personal Energy Forecast Payment Plans
The following terms and conditions for purchases of our Digital Service (the “Digital Service Terms & Conditions") are entered into between you, our customer (referred to as "you" or "your"), and The Little Sage Pty Ltd, a business located at PO Box 906, Coorparoo, QLD, Australia 4151 with a ACN of 149271867 (referred to as "The Little Sage”, "we", "our", or "us").
The Digital Service
The Little Sage provides a bespoke energy forecast audio recording and oracle card spread focusing on a 12 month period, which is a “Digital Service”. As a condition of purchasing and using the Digital Service, you agree to be bound by these Digital Service Terms & Conditions.
Legal terms that apply to your purchase
Our Privacy & Cookies Policy and Refund Policy form part of these Digital Service Terms & Conditions, and they also apply to any purchase you make from us.
If there is any inconsistency between any of those agreements and/or policies and these Digital Service Terms & Conditions, these Digital Service Terms & Conditions will take precedence.
For example, if our general refund policy is a certain number of days, and you see a different number of days in the refund policy in these Digital Service Terms & Conditions, you can be sure that the refund policy you see here applies to your Digital Service purchase.
Minimum age for purchase
Our products are intended to be purchased by individuals over the legal age of adulthood (which happens to be 18 years old in most places in the world).
If you are not a legal adult, you must only make purchases from our site with the consent of a responsible adult.
Our relationship with you
When you purchase a Digital Service, The Little Sage agrees to provide you with access to the Digital Service, which is an educational and informational resource. The information contained in the Digital Service, including any interactions with our staff or contractors, is not intended as, and shall not be understood as, professional advice.
Nothing in these Digital Service Terms & Conditions forms any partnership, joint venture, employment, or agency relationship between you and The Little Sage.
Payment required for access
By purchasing the Digital Service, you understand and acknowledge that you are entering into a legally binding contract with The Little Sage, which requires you to pay the fees in full in exchange for access to the Digital Service.
You will only be allowed to use the Digital Service when we receive payment in full, or the first instalment of your selected payment plan.
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.
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 Service 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 our third-party payment providers.
Payment Authorisation
By electing to pay through a payment plan:
a) You authorise The Little Sage to charge your payment method automatically for each subsequent payment without further authorisation or notice to you (unless required by law).
b) You understand that 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 payment plan. If your payment method becomes invalid before completing all payments in the payment plan, you must provide an alternate payment method before your next payment is due by writing to us at hello@helenjacobs.co.
c) You understand that you are required by law to complete all remaining payments of your payment plan unless you have correctly requested and been granted a refund in accordance these Digital Service Terms & Conditions.
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 Service will be immediately suspended, and any rights or licenses to use the Digital Service and related materials will be revoked immediately.
The first time a payment fails or a payment deadline is missed, if you subsequently make the payment that was due, we will not take any further action and your access will be restored.
If there is any subsequent failed or missed payment, the total remaining balance on your payment plan will become due immediately, regardless of how many payment instalments remain. Your access will be restored once you have paid in full.
By agreeing to these Digital Service Terms & Conditions, you acknowledge that these are fair and reasonable consequences for failed and/or missed payments.
Refund Policy
In order to provide a high quality Digital Service and the best possible content, and service to our customers, The Little Sage caps the number of customers for our Digital Service within a particular timeframe. In the interest of fairness to the potential customers we have to turn away when the cap is reached, our policy is that all sales are final. We do not offer any money back guarantee and no refunds will be given, to the extent permitted by law.
Our policy is in addition to any legal rights you may have through legislation that applies to your purchase. If you believe that a law in your geographic area entitles you to a refund outside of what is permitted by this policy, please contact us at hello@helenjacobs.co. We will verify our legal obligations, and if required, we will provide you with a refund.
What is included with your Digital Service purchase
As part of the Digital Service, The Little Sage will provide the following:
Access and access instructions
You will receive an email with instructions on how to access the Digital Service shortly after your purchase.
You will have access to the Digital Service from a future date, as specified at the time of your purchase(the “Start Date”).
We will maintain your access to the Digital Service via a digital platform, and your login details will be provided in the instructions email (the “Platform”).
“Lifetime” access
Your purchase of the Digital Service comes with “lifetime” access, which means that you will be able to access the Digital Service via the Platform for as long as the Digital Service remains published (not your lifetime or our lifetime, but the lifetime of the product being made available by us to the public).
If we decide to unpublish the Digital Service at any time in the future, you will receive a notification that gives you at least 30 days to download all of the materials related to the Digital Service from the Platform before it is unpublished.
If the location or method of access to the Digital Service or the Platform changes, you will be notified and be provided with instructions for how to access the Digital Service at its new location.
Downloadable materials
You will receive downloadable materials (which may be PDF, docx, video, audio, or any other format) as part of the Digital Service. The downloadable materials are yours to use and keep, subject to the licenses granted in these Digital Service Terms & Conditions.
Bonuses
From time to time, The Little Sage may offer bonuses to those who purchase a Digital Service. You are entitled to any bonuses offered to you at the time of purchase. The details of those bonuses as well as any specific requirements or conditions of use will be made clear to you on the checkout page and/or in your email confirmation.
Intellectual property
All content included as part of the Digital Service, in any format, and any software used in delivering the Digital Service, is the property of The Little Sage (or our suppliers) and is protected by copyright and other intellectual property legal protections.
Your purchase and use of the Digital Service does not result in a transfer of any intellectual property to you. As a condition of your use of the Digital Service, 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 Digital Service 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 Service, including all content and resources contained within the Digital Service for your own personal use to achieve the outcomes set out on the Digital Service'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 Service, except to the extent required to fulfil the Purpose. You also agree that you will not use your access or any part of the content in order to compete with The Little Sage or to harm our business prospects or relationships.
Our content is not for resale. 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 to achieve the Purpose. You will not use the content in any other way without our specific written permission.
You understand 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 except as specified in these Digital Service Terms & Conditions.
You also agree that any infringement of intellectual property rights will result in an immediate termination of the licence with no refund.
If you violate the terms of this license, your access to the Digital Service and any other related content will be terminated immediately, and you are not entitled to any refund (in part or in full).
Furthermore, if you violate this license by giving or selling a copy of our content to anyone other than a licence holder, sharing your account with anyone other than a licenceholder, 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 licences you have gifted or sold to others.
Confidentiality
The Little Sage respects the privacy of its customers and will not disclose any Confidential Information you provide except as described in these Digital Service 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;
b) the Digital Service materials, in whatever format they are provided;
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.
Due to the nature of the content in the Digital Service, you will be exposed to Confidential Information belonging to both The Little Sage and other Digital Service customers.
As a condition of using in the Digital Service, you agree to protect the Confidential Information and not share it with anyone else unless specifically allowed by these Digital Service Terms & Conditions or you have our written permission to do so.
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 to 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 Service, you accept personal responsibility for the results of your actions. You agree that The Little Sage has not made any guarantees about the results of taking (or choosing not to take) any action, whether recommended in the Digital Service or not. The Little Sage provides educational and informational resources in the Digital Service that are intended to help you. 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 The Little Sage.
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 Service 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 Service. 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 Service.
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 Service or post, upload, input, or submit on any platform or social media (collectively, the “Contributions”). The Little Sage will never claim ownership of these Contributions which belong to you.
However, by posting, uploading, inputting, providing, or submitting your Contributions, you are granting The Little Sage, our affiliated companies, and our sub-licensees permission to use your Contribution in connection with the operation of their businesses including the rights to:
a) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Contribution (or any part of the Contribution); and
b) to publish your name, your image, and your business name and logo (if applicable) in connection with your Contribution.
In other words, The Little Sage has the right to include your Contributions – including any audio or video recordings of you participating in or contributing to the Digital Service (if applicable) – in the Digital Service, other similar Digital Services, and marketing materials going forward.
No compensation will be paid for the use of your Contributions in accordance with the rights granted in these Digital Service Terms & Conditions. The Little Sage is under no obligation to post or use any Contributions you may provide and may remove any Contributions at any time at The Little Sage’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Contributions you warrant and represent that you own or otherwise control all of the rights to your Contributions.
The Little Sage will never use any Contributions in a way that harms your business prospects or reputation. If any Contribution includes the identifiable personal information of an individual other than you, The Little Sage will anonymise that portion before publishing any Contribution.
Technology and availability
Your use of the Digital Service 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 held responsible if 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
THE DIGITAL SERVICE, INCLUDING ALL CONTENT AND RESOURCES CONTAINED WITHIN THE DIGITAL SERVICE, IS PROVIDED TO YOU “AS IS.”
To the fullest extent allowed by the law, we make no promises (aka warranties) ABOUT THE DIGITAL SERVICE, whether express, implied, or statutory. THIS includES (but IS not limited to) WARRANTIES about: BEING MARKETABLE, fitness for a particular purpose, or non-infringement OF THIRD-PARTY RIGHTS.
We do not promise (aka warrant) that the DIGITAL SERVICE will meet your specific requirements, that IT will be error-free, or that IT will always be available.
LIMITATION OF LIABILITY
YOU AGREE THAT THE LITTLE SAGE IS NOT LEGALLY OR FINANCIALLY RESPONSIBLE FOR ANY LIABILITY LOSS YOU SUFFER RELATED TO ACCESSING OR USING ANY PART OF THE DIGITAL SERVICE OR ANY INFORMATION/RESOURCES CONTAINED IN IT.
YOU ALSO AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE ARE NOT LIABLE FOR ANY KIND OF DAMAGES, INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, SPECIAL, PUNITIVE INCIDENTAL, FAIR, OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO YOUR ACCESS OR USE OF THE DIGITAL SERVICE (SUCH AS LOSS OF USE, DATA, OR PROFITS AS WELL AS DELAYS OR INABILITY TO USE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS).
YOU UNDERSTAND THAT ACTS OR NON-ACTS OF THIRD PARTIES ARE OUTSIDE OF OUR CONTROL, AND WE DO NOT ACCEPT ANY LIABILITY FOR SUCH CIRCUMSTANCES, EVEN IF THEY AFFECT YOUR ABILITY TO ACCESS/USE THE DIGITAL SERVICE.
NOTHING IN THESE DIGITAL SERVICE TERMS & CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY 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. HOWEVER, YOU AND THE LITTLE SAGE BOTH ACKNOWLEDGE THAT SUCH A CIRCUMSTANCE IS HIGHLY UNLIKELY GIVEN THE NATURE OF THE DIGITAL SERVICE.
IF YOU ARE NOT SATISFIED WITH THE DIGITAL SERVICE OR ANY PORTION OF IT, YOUR ONLY OPTION IS TO STOP USING THE DIGITAL SERVICE. IN THIS CASE, NO REFUND OR REBATE WILL BE GIVEN EXCEPT IF YOU CORRECTLY USE THE REFUND POLICY IN THESE DIGITAL SERVICE TERMS & CONDITIONS.
Compensation for wrongdoing (aka indemnities)
You agree to indemnify, defend, and hold harmless The Little Sage, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal fees) arising from:
a) your use of or inability to use the Digital Service and related services,
b) any Contributions made by you,
c) your violation of any terms of these Digital Service Terms & Conditions,
d) your violation of any rights of a third party, or
e) your violation of any applicable laws, rules, or regulations.
Termination and access restriction
The Little Sage reserves the right to terminate your access to the Digital Service and any related services at any time if:
a) you become disruptive or abusive to The Little Sage staff;
b) you fail to follow the Digital Service guidelines, rules, or any other reasonable instructions from The Little Sage; or
c) you otherwise violate these Digital Service 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 Digital Service Terms & Conditions, along with any agreements and policies incorporated by reference, contain the full agreement between you and us regarding your Digital Service purchase.
Any previous written or spoken agreements, promises, information, or understandings between us on this topic are not valid unless they are specifically mentioned in these Digital Service Terms & Conditions.
A printed version of these Digital Service Terms & Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Digital Service Terms & Conditions and will be treated the same as documents originally generated and maintained in printed form.
Interpretation
Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine (and vice versa). Headings in these Digital Service Terms & Conditions are for convenience only and do not affect their interpretation.
Severability
If any part of these Digital Service Terms & Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the rest of the Digital Service Terms & Conditions will not be affected.
If this occurs, you agree to substitute the affected portion with a valid alternative that has the same effect as would have originally been achieved (to the extent possible).
No Waiver
If we delay or choose not to enforce or exercise any term of or any right under these Digital Service Terms & Conditions, we do not waive our rights. We can enforce/exercise it later.
Delays/failures beyond our control
We won't face legal or financial penalties if we're delayed or unable to fulfil our legal obligations because of circumstances beyond our control (these are “Circumstances Beyond Our Control”).
Circumstances Beyond Our Control include, but are not limited to, acts of God, natural disasters, governmental actions, terrorist threats or acts, civil unrest, national emergency, epidemic, lock-outs, labour disputes, materials or telecommunication breakdown, and power outage.
The Little Sage is a small business with limited staff. Any illness affecting one or more of our staff members that prevents the effective day-to-day running of the business is also considered a Circumstance Beyond Our Control.
If a Circumstance Beyond Our Control affects our ability to meet our obligations under these Digital Service Terms & Conditions, we will notify you as soon as possible. Any dates/deadlines will be extended by however long the Circumstance Beyond Our Control lasts.
The date this contact applies from
These Digital Service Terms & Conditions will apply and be enforceable with respect to each Digital Service purchased by you from the date that you initially purchase that Digital Service.
Dealing with disputes
You give up any current or future claims relating to your purchase, access, and use of the Digital Service.
If there have any disagreement about the Digital Service or these Digital Service Terms & Conditions, you and The Little Sage both commit to resolving it through discussion and negotiation. Legal action can only be taken if honest efforts to resolve the issue fail.
The laws of the State of Queensland, Australia apply to interpreting and enforcing these Digital Service Terms & Conditions, and any legal action must only be started in the courts of Brisbane, Queensland, Australia.
Changes to these Digital Service Terms & Conditions
We may make changes to these Digital Service Terms & Conditions without informing you. If we update, amend or make any changes to these Digital Service 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 Digital Service Terms & Conditions or any purchase, please contact us at hello@helenjacobs.co.