ADRIAN ADDAMO
Purchase Terms and Conditions
Thank you for making a purchase with Adrian Addamo. These Purchase Terms and Conditions (Terms) govern your purchase and form a binding legal agreement between you and Adrian Addamo.
By clicking “accept” or by completing your purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Purchase Services
1.1. The website www.adrianaddamo.com (Website) is operated by Be The Difference Co Pty Ltd t/as Adrian Addamo (ABN: 47 668 994 054) (Adrian Addamo). Access to and use of the Website, or any of its associated products or services, is provided by Adrian Addamo.
1.2. The Website provides you with an opportunity to browse and purchase digital pdf material and Eproducts (Eproducts) that have been listed for sale through the Website. The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
Acceptance of the Terms and Conditions
You accept these Terms and Conditions by clicking to accept or by proceeding with your purchase, whichever occurs first. Your continued use of the Eproduct after purchase constitutes ongoing acceptance of these Terms and Conditions.
Personal Information
3.1. When purchasing an Eproduct, you may be required to provide personal and/or business information such as your name, address and e-mail address.
3.2. You represent and warrant that all details that you provide in completing the purchase are true, accurate, current, and complete, and you agree to update such information as necessary to maintain its accuracy.
3.3. Your personal information is collected, used, stored, and disclosed in accordance with Adrian Addamo’s Privacy Policy (Privacy Policy) which can be accessed via the Website and the Privacy Act 1988 (Cth). By accepting these Terms and Conditions, you consent to the collection and use of your personal information as described in the Privacy Policy.
Purchase of Products and Returns Policy
4.1. In using the Purchase Services to purchase the Eproduct through the Website, you will agree to the payment of the purchase price listed on the Website for the Eproduct (Purchase Price).
4.2. Payment of the Purchase Price may be made through the payment provider available at the point of purchase (Payment Gateway Providers). Payment must be received in full before access to the Eproduct is granted.
4.3. 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.
4.4. 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 (Cth). The Purchase Price displayed includes GST where applicable. Where the goods and services are provided to a recipient outside Australia who is not registered for GST in Australia, GST may not apply in accordance with the GST Act.
Refunds and Returns
5.1. Adrian Addamo does not provide refunds for any Eproducts, unless an issue has arisen requiring a refund under the Australian Consumer Law. Please keep this in mind when making a purchase.
5.2. Adrian Addamo wants you to be satisfied with your purchase. Please contact adrian@adrianaddamo.com should you wish to discuss any issues with the Eproduct you have received.
Delivery of Eproducts
6.1. Eproducts are delivered as links to download sent via email following purchase. Delivery will typically occur within 30 minutes of payment confirmation. Should you not receive the email within 30 minutes of purchase, please first check your spam folder and then contact adrian@adrianaddamo.com.
6.2. Adrian Addamo will endeavour to respond to you as a priority. However, Adrian Addamo will not be liable for any issues concerning your e-mail account, spam filters, internet service provider, or other technical issues outside Adrian Addamo's reasonable control that prevent or delay your receipt of an Eproduct, provided that Adrian Addamo has sent the delivery email to the email address you provided.
License Information
7.1. When you purchase an Eproduct through the Website, Adrian Addamo grants you a non-exclusive, non-transferable, revocable worldwide license to use the intellectual property of the Eproduct for its intended use only (Permitted Use).
7.2. You are permitted to use the Eproduct an unlimited number of times as long as it is for a Permitted Use.
7.3. This License does not permit you to do the following:
(a) reproduce or use any of the Eproducts for commercial purposes outside of the Permitted Uses, including reselling or repurposing the Eproduct;
(b) redistribute the Eproduct in a tool or template, or with source files;
(c) share or sublicense the Eproduct;
(d) use the Eproduct in an application where users are invited to build or design their own products using the Eproduct as a template for a final product.
7.4. Attribution is not required but would be appreciated.
7.5. Adrian Addamo may terminate this License if you breach any of these Terms and Conditions. Upon termination, you must immediately cease all use of the Eproduct and delete all copies in your possession or control.
Warranty
Adrian Addamo’s Eproducts come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Eproduct as required by law.
Privacy
Adrian Addamo takes your privacy seriously and any information provided through your use of the Eproduct and/or the Purchase Services are subject to Adrian Addamo’s Privacy Policy.
Mailing List
When making a purchase, you may be given the opportunity to sign up for Adrian Addamo’s Mailing List. If you choose to sign up for this service, you consent to receive promotional materials, updates, and other marketing content from Adrian Addamo via email. You may unsubscribe from the Mailing List at any time by clicking the unsubscribe link in any email or by contacting adrian@adrianaddamo.com. Your subscription to the Mailing List is subject to the Spam Act 2003 (Cth) and our Privacy Policy.
Information Disclaimer
11.1. The information contained within all associated Eproducts is for general information purposes only and is not meant to substitute professional, business, financial, legal or marketing advice. You agree to seek financial, marketing, legal or business advice prior to following any advice or utilising information offered by Adrian Addamo. To the maximum extent permitted by law, Adrian Addamo and all persons acting on behalf of Adrian Addamo, disclaim all responsibility and liability to any person, arising directly or indirectly from any person taking or not taking action based upon the information presented within Products.
11.2. You acknowledge that Adrian Addamo does not guarantee or provide warranties or undertakings as to any particular success or outcome from your use of the information or Eproducts, except for the consumer guarantees under the Australian Consumer Law which cannot be excluded.Limitation of Liability
12.1. Adrian Addamo's total liability arising out of or in connection with the Purchase Services or these Terms and Conditions, however arising, including under contract, tort (excluding negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms and Conditions or where you have not paid the Purchase Price, then the total liability of Adrian Addamo is the resupply of information or Purchase Services to you.
12.2. You expressly understand and agree that Adrian Addamo, 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.
12.3. Adrian Addamo is not responsible or liable in any manner for any site content (including the content or third party content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Adrian Addamo, by third parties or by any of the Purchase Services offered by Adrian Addamo.
Indemnity
You agree to indemnify and hold harmless Adrian Addamo, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all claims, actions, suits, demands, damages, liabilities, costs and expenses (including reasonable legal fees) arising from or in connection with: (a) your breach of these Terms and Conditions; (b) your use of the Eproducts in a manner not permitted by these Terms and Conditions; or (c) your infringement of any intellectual property or other rights of any third party.
Venue and Jurisdiction
In the event of any dispute arising out of these Terms and Conditions, or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Queensland, Australia.
Governing Law
The Terms and Conditions are governed by the laws of Queensland, Australia.
Independent Legal Advice
By accepting these Terms and Conditions, you acknowledge that you have had a reasonable opportunity to obtain independent legal advice regarding these erms and Conditions before accepting them.
Severance
If any provision of these Terms and Conditions is found to be void, invalid or unenforceable by a court of competent jurisdiction, that provision will be severed to the extent of the invalidity or unenforceability, and the remaining provisions of these Terms and Conditions will remain in full force and effect. Where possible, the invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely reflects the original intent.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Adrian Addamo concerning your purchase of Eproducts and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties. You acknowledge that you have not relied on any representation, warranty or statement made by Adrian Addamo that is not expressly set out in these Terms and Conditions.