Terms and Conditions for User when making a PURCHASE

 

The following Terms and Conditions of Sale govern your rights, responsibilities and obligations as a user when making a purchase.

https://goldprograms4health.com/  is the website owned by Denise Stewart, a sole trader with a registered business name in Australia: Breast and Shoulder Rehab

https://goldprograms4health.com/ is available to you to purchase digital programs and digital goods conditional on your acceptance, without alteration, of these Terms and Conditions of Sale.

By placing an order on the website you are indicating your acceptance of these Terms and Conditions of Sale, which are subject to change at our sole discretion.

Before using our website please review our Terms and Conditions of Use and these Terms and Conditions of Sale (“Terms and Conditions”) carefully.

 

You also consent to our disclosure and use of any personal information you provide to https://goldprograms4health.com/ in accordance with our Privacy Policy.

You understand that our Terms and Conditions of Use form part of these Terms and Conditions of Sale.

If you do not agree with any of the Terms and Conditions of Sale, please do not buy from this website.

Formation of contract

GOLD programs 4health website, and any advertisements and promotions, including but not limited to any newsletters and the display of stock on its webstore, are properly defined as invitations to treat.

An order placed by you on the website, https://goldprograms4health.com/is an offer, which is accepted by https://goldprograms4health.com/ when a message is sent to you confirming your order and accepting payment.

https://goldprograms4health.com/’s message to you constitutes a binding contract, which obligates https://goldprograms4health.com/  to deliver the goods to you that you have selected for purchase.

You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods you have ordered on https://goldprograms4health.com/

 

Prices

Any order placed by you on https://goldprograms4health.com/ will be for the price indicated on the website at the time of checkout.

All prices displayed on https://goldprograms4health.com/ are current and accurate at the time of issue, but are subject to change without notice to you.  This includes prices of items placed in your shopping cart or basket but not paid for.

Unless otherwise stated, all prices on the website are inclusive of 10% Goods and Services Tax (GST).

All prices on https://goldprograms4health.com/ exclude postage and handling as the digital programs and products are distributed by an email message to you.

Product description

We endeavour to describe and display the productsas accurately as possible. While we try to be as clear as possible in explaining the product, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

 

Images

https://goldprograms4health.com/ makes every effort to ensure the images displayed on this website are accurate.   You agree that https://goldprograms4health.com/ is not responsible for any error in any imaged posted on the website.

 

Information provided for educational purposes, and does not reflect a medical prescription for individuals

You agree that any information provided by https://goldprograms4health.com/ on this website is for information purposes only, and you have made your own independent inquiries as to the suitability, appropriateness, fitness for purpose or otherwise of the goods you have purchased.

In particular, you agree that https://goldprograms4health.com/ is not responsible for your wrong choice of goods and that:

Programs can be modified by the program curator or presenter after your purchase.

 

Receiving your digital GOLD program 4health product

You will receive the delivery of your program link and password immediately on receiving payment for your program.

You acknowledge that:

  • Delivery times are an estimate only and https://goldprograms4health.com/ is not responsible for any variation in delivery from that time.
  • We will not process your order until we receive cleared payment from you.

If you are a customer, you agree and understand that it is a term and condition of purchase that:

  • You provide your billing address to establish the correct tax rate for your purchase.
  • The tax rate is also determined by the country of origin of the GOLD program 4health presenter or curator.

Determining tax rate is an automated task and if you believe that a tax has been incorrectly charged, then it is your responsibility to connect with the program presenter or curator by means of an email to Denise Stewart.

The program you receive will be using Padlet online workspace. Padlet is used in educational settiings and for individuals, go here to see the current Terms of Service

Title and risk

Once you receive the password and link to your GOLD program 4 health, your access is to a third party provider, Padlet.  Padlet terms and conditions are found here

 

 

 RETURNS and Exchange POLICY

Any exchange or refund will be in accordance with these Terms and Conditions.

You acknowledge that you have read return and exchange policy, and that returns are only accepted in accordance with the terms here  and in compliance with Australia’s Competition and Consumer Act 2010 (Cth).

Change of mind

We are unable to offer refunds or exchanges on digital products if you change your mind.

Failure to match product description

Refunds are only considered in cases where the product does not match the written description. When a refund is requested, we require a detailed description of how the product failed to meet your expectations so that we can make improvements to the product or the description we use to advertise it.

Processing fees

To cover payment processing fees, the administrator of refunds  (program presenter or curator) will withhold 10% of the purchase price when issuing a refund.

Raising an issue

The customer has 5 working days to raise an issue, after that time all sales are final. You can raise an issue by writing to us at deniseot@bigpond.net.au

You acknowledge that refunds will only be accepted in accordance with our obligations under the Competition and Consumer Act 2010 (Cth).

 

General terms
Indemnity

You will at all times indemnify and keep indemnified  https://goldprograms4health.com/   and its respective officers, employees and agents (‘the indemnified’) from and against any loss, including reasonable legal costs and expenses, or liability incurred by any of those indemnified from any claim, demand, suit, action or proceedings by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms and Conditions by you; and publications of or distribution of the material and/or information supplied by you.

 

Removal of information

https://goldprograms4health.com/  may remove any content from the website and GOLD programs without any explanation or prior notice to you.

 

Amendments to Terms and Conditions

We reserve the right to change these Terms and Conditions:

  • At our discretion; and
  • With or without giving further notice to you; and
  • Without giving you any explanation or justification for such change.

Your continued use after any change to these Terms and Conditions indicates your acceptance of any change.

If you do not want to be bound by any change to the website, discontinue use of the website https://goldprograms4health.com/

 

Severability

If any part of these Terms and Conditions are found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of these Terms and Conditions. The severed part will not affect the validity and enforceability of any remaining provisions of these Terms and Conditions.

 

Relevant jurisdiction

These Terms and Conditions will be governed by and interpreted in accordance with the law of Queensland, Australia, without giving effect to any principal of conflicts of laws.

You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms and Conditions.

Terms and Conditions of Sale

 

Information provided in the programs is provided for general educational purposes only.

Any information provided by https://goldprograms4health.com/   on its website is for information purposes only and you need to make your own independent inquiries as to the suitability, appropriateness, fitness for purpose or otherwise of the program or ebook for your specific needs. This will include gaining your Doctor’s permission or your health professional’s permission for the medical management of your injuries and illness.

 

Delivery of purchases

You acknowledge that any purchase you make from https://goldprograms4health.com/   will be delivered to you in the following manner:

  1. You will receive a confirmation email for your purchase;
  2. Your confirmation email will contain a link and password to your ebook or GOLD program;
  3. The link and password to your ebook or GOLD program will be available for you to download for 300 days only;
  4. You may save or print your ebook or GOLD program

You acknowledge that for the purposes of processing your order:

  1. https://goldprograms4health.com/ cannot process your order until we receive cleared payment from you.  Depending on your financial institution, this may take over 24 hours.
  2. https://goldprograms4health.com/ does not accept responsibility for the delivery of ebooks and GOLD program link once they have left our server.
  3. You acknowledge that delivery of your goods requires the accurate provision of an email address by you.

You agree and understand the following terms and conditions of purchase:

  1. No refund will be provided where you accidently make an incorrect purchase;
  2. No refund will be provided where you entered the wrong email address for delivery;
  3. You are responsible for determining that the e-book and relevant computer file is compatible with your computer. This is not the responsibility of https://goldprograms4health.com/  .
  4. https://goldprograms4health.com/  is not responsible for any electronic or computer errors at may result from you downloading your purchase.

 

With purchase of a program, you are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this website.

 

Restrictions

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material without prior consent in any media;
  2. selling, sublicensing and/or otherwise commercializing any Website material;
  3. publicly performing and/or showing any Website material without prior consent;
  4. using this Website in any way that is, or may be, damaging to this Website;
  5. using this Website in any way that impacts user access to this Website;
  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause,  harm to the Website, or to any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to  this Website, or while using this Website;
  8. using this Website to engage in any advertising or marketing;

 

Any program link and password you may have received from this Website are confidential and you must maintain confidentiality of such information.

Certain areas of this Website are restricted from access by you and Breast and Shoulder Rehab further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

 

The responsibility of the content owner of your purchased GOLD program 4health

  1. The presenter or curator is responsible for the content of their program and they will be known by the bio in the product details. If you need to connect with the content owner, send an email to deniseot@bigpond.net.au detailing your request and I will forward this to the program content owner.
  2. The program content owner is responsible for refund processes once a request has been made by 5 days following purchase to deniseot@bigpond.net.au

 

Commission 

Breast and Shoulder Rehab receives a commission from GOLD program 4health presenters and curators for every successful transaction.

TERMS AND CONDITIONS FOR GOLD PROGRAM 4HEALTH PRESENTER OR CURATOR

 

Definitions

A presenter is the owner of the GOLD  4health program content: They provide their own material, ideas, opinions or programs  with selected evidence supporting these.

A curator  selects digital information or resources, to present a guided reading opportunity for the viewer; offering current evidence and issues on a specific topic or to answer a clinical question.  Digital curation is a very new method of engaging participation for viewers: read more at this paper.

 

Application to become a presenter or curator

Presenters and curators are selected by Denise Stewart, administrator of GOLD programs 4health website. The process of selection and final decision to accept program for GOLD programs 4health website will be the responsibility of Denise Stewart. The process for selection will require:

  1. Completion of principles survey for GOLD programs 4health
  2. Use of the Padlet format for your program 4 health program.
  3. Having a Stripe payment account and providing details to Breast and Shoulder Rehab. Arranging an automatic payment of commission on sale of your program.
  4. Developing and conducting your own marketing program for your GOLD program 4health.
  5. Ensuring your program content complies with the terms and conditions detailed in content section

 

Commission 

Breast and Shoulder Rehab receives a commission from GOLD program 4health presenters and curators for every successful transaction of your GOLD program.

The commission is calculated at a percentage of the price of your product sale. Commission to Breast and Shoulder Rehab can be set to be automatically deducted once a payment for your services is made.  The payment of the commission is the responsibility of the GOLD program 4health presenter or curator. The percentage is an agreed level between the GOLD administrator and the presenter/ curator and will largely depend on the level of service required by the administrator.

Levels of Commission:

Level1  (10% commission); The level of service is the supply of the workspace to create your program and listing of your program at the website. Your program will have all privacy settings checked and links checked prior to listing.

Level 2 (20% commission): This level of service is as per Level 1  with additional support for filmiing videos.

Level 3 ( 30% commission): This level of service is as per Level 2 with addional service in  video editing.

Alternative to Level 3&4: You may choose to engage Denise Stewart in a one on one customized training program to bring your online training ideas to the online marketplace. Connect to develop your training program needs.

GOLD programs 4health offers a single payment gateway service, Stripe. This service charges a fee for each sale transaction and has a fee payment method (manual and automatic) for your commission payment.  Fees depend on three things: the country of the seller, the country of the buyer and the use of automatic fee payment.

Stripe payment processing fees are the entire responsibility of the presenter or curator of the program. Please read the transaction fee variation for Stripe payments at their website.

The benefit of this method is that you control your program price, tax and have direct access to your transactions.

 

Creating your buy now transaction at the GOLD program4 health website

You will provide your Stripe account details to Breast and Shoulder Rehab to be connected to your program sales details. The sale of your GOLD program 4health will be directed to your Stripe account.  You will be responsible for the payment of your Stripe transaction fee and the commission fee.

Content

In these Website Standard Terms of Use, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Breast and Shoulder Rehab a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Breast and Shoulder Rehab reserves the right to remove any of your Content from this Website at any time, and for any reason, without notice. Breast and Shoulder Rehab has the right to remove any users from Padlet and terminate their right of use of the service without being liable for compensation.

You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you.

 

You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

The third party workspace you will use Padlet has it’s own Content Policy which must be adhered to.

Intellectual property rights to your materials

We claim no intellectual property rights over the material you supply to GOLD programs 4health. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. Content you submit to GOLD programs 4health, remains yours to the extent that you have any legal claims therein. By submitting your program, you agree to hold GOLD programs 4health harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

 

Protecting your Intellectual property

Sharing digital material by a consumer, without permission of the content onwner, is impossible to prevent.  GOLD programs for health will remind the consumer about their copyright requirements.

Addtionally, copyright infringement reports and investigation processes will be included with each GOLD program.

 

Limitation of Liability

This Website is provided “as is,” with all faults, and Breast and Shoulder Rehab makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

In no event shall Breast and Shoulder Rehab, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Breast and Shoulder Rehab, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Breast and Shoulder Rehab from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Breast and Shoulder Rehab reserves the right to change these Terms of Use if required and by using this Website you are expected to review these Terms on a regular basis to ensure you understand all Terms and Conditions governing use of this Website.

Assignment

Breast and Shoulder Rehab  shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Breast and Shoulder Rehab and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Queensland  Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Queensland Australia for the resolution of any disputes. The jurisdiction that is applicable to Padlet  is that of USA , unless another jurisdiction is required by binding law.

COPYRIGHT 

Commercial use. If you would like to use intell           ectual property belonging to St John Ambulance Australia (e.g. text and/or images) for any type of commercial purpose, you must formally apply for permission.