The purchase by you of an online course (the “Online Course” or “Online Courses“) offered by 5th Element Wellness Pty Ltd (ABN 49 162 247 467) (“5EW”, “us” or “we“) on the website 5ew.com.au (the “Site“) is subject to these terms and conditions of sale (“Terms of Sale“).  It is important that you read and understand the following Terms of Sale. By placing an order for any Online Course you accept and are bound by these Terms of Sale.

Certain legislation in Australia may provide consumer guarantees or impose obligations on 5EW which cannot be excluded, restricted or modified, or only to a limited extent. These Terms of Sale are subject to such legislation, including without limitation the Australian Consumer Law.

GENERAL

1. These Terms of Sale apply to the purchase of any Online Course from the Site.

2. These Terms of Sale may be amended periodically by 5EW and you will be deemed to have accepted any amendments if you place an order for an Online Course after those amendments have been posted.

PURCHASE OF AN ONLINE COURSE

3. All prices are in Australian Dollars and inclusive of GST, unless otherwise indicated.

4. The Online Courses offered by 5EW on the Site are as outlined on the Site at the date of purchase. 5EW reserves the right to make changes to any Online Course, including to the price of an Online Course, from time to time.

5. By submitting an order you warrant that:

6. you are capable of entering into a legally binding contract with 5EW,

7. you are authorised and able to make payment via the method you have chosen,

8. the information you have provided is correct, and

9. your purchase is not made for the purpose of commercial resale.

10. A contract for purchase is only formed once we have accepted an order by issuing a receipt number.

11. Payment can be made with valid credit cards (Amex, Visa, Mastercard, Bankcard) or Paypal. Payment is due at the time the order is placed.

DELIVERY

12. Delivery will occur immediately upon successful receipt of cleared funds. However 5EW is not liable for any loss arising from delays in delivery, or failure to deliver, due to any technical issues.

13. You are responsible for ensuring that your computer is capable of downloading and/or streaming the Online Courses.

REFUND POLICY

14. Online Courses are non-refundable once downloaded.

15. If you encounter any problems downloading an Online Course, please contact us at support@5ew.com.au.

WORKSHOP/EVENTS CANCELLATION AND REFUND

16. A workshop or event registration is only confirmed when full payment has been received from an enrollee.

17. If sufficient confirmed registrations have not been received two weeks in advance of the scheduled starting date, 5EW reserves the right to cancel the workshop or event.

18. In the unlikely event that the workshop or event is cancelled, all confirmed participants will be notified immediately and receive a full refund.

19. If a registered enrollee chooses to cancel their confirmed booking, or cannot or failed to attend the workshop or event, the following refunds will apply:

a. The enrolled participant may invite another person to substitute their place in the workshop or event (in which they are registered) at any time at no charge;

b. If notice is received at least 30 days before the scheduled workshop or event date, 100% refund will be offered;

c. If notice is received 29-15 days before the scheduled workshop or event date, a 50% refund will be offered; and

d. If notice is received 14-1 day/s before the scheduled workshop or events date, on the scheduled date or after the scheduled date, no refund will be offered

USER ACCOUNTS

20. In order to purchase an Online Course form this Site you will need to set up an account on the Site (“User Account”).

21. To create a User Account, you must provide us with your full name, email address and a password.

22. Maintaining the security of your User Account is important to us. You agree that you will maintain the confidentiality of your User Account (including password), and you will not allow or authorise any other person to use your User Account.

23. You must not access or attempt to access the User Account of any other user of the Site.

24. We reserve the right to terminate your User Account at any time if we believe in our sole discretion that you have breached any of these Terms of Sale.

INTELLECTUAL PROPERTY

25. All content and other materials available in the Online Courses are owned by or licensed to us and are protected by intellectual property rights. You agree to abide by all copyright notices and other restrictions contained in the Online Courses. We grant you a non-exclusive, non-transferable licence to access and view the Online Courses for personal, educational and non-commercial use as permitted by these Terms of Sale.

26. You must not modify, copy, reproduce, republish, or display any content from the Online Courses and represent it as your own (including by framing pages from the Online Courses), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly authorised in writing by us and, where relevant, any third party owner or rights holder.

27. Unless we notify you otherwise in writing, you are not authorised to use any of our trade marks, or any third party trade marks.

THIRD PARTY CONTENT

28. The Online Courses may link to third party Sites or provide third party content that we do not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any third party content or third party site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties. Your correspondence and business dealings with others found on or through the Online Courses including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party.

WARRANTIES & LIABILITIES

29. 5EW excludes any condition or warranty, unless it is expressly set out in these Terms of Sale or is by law incapable of exclusion, restriction or modification.

30. 5EW will under no circumstances be liable for any indirect, incidental or consequential loss or damage arising in relation to any transaction entered into, or an Online Course purchased, through this Site.

MEDICAL DISCLAIMER

31. Information provided within the Online Courses is not intended to be a substitute or replacement for professional medical advice, diagnosis or treatment. You should not rely on this information to diagnose or treat a health problem or disease without consulting with a qualified healthcare provider.

32. Prior to making any changes to your diet, exercise or other lifestyle choices, we strongly recommend that you:

33. consult with a healthcare professional; and

34. consider whether such changes are suitable for your personal needs and circumstances.

35. You should not disregard, avoid or delay obtaining medical or health-related advice from your health-care professional because of something you may have learned from the Online Courses.

36. Except where required or implied by legislation and which cannot be excluded, 5EW is not responsible for any injuries or damage that you may suffer as a result of the use or access to the Online Courses. Your participation, use and access to the Online Courses is voluntary and undertaken solely at your own risk.

PRIVACY

37. Your privacy is very important to us.

38. These Terms of Sale must be read in conjunction with our . We undertake to comply with the terms of our Privacy Policy.

39. You acknowledge and agree that personal information, health information and sensitive information you submit to us on the Site will be handled by us in accordance with the Privacy Policy, applicable laws and the terms set out in this section.

40. By setting up a User Account, you grant us an ongoing consent to promote and market our products and services and to make other offers to you (including by email). You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish us to contact you or you would like us to stop contacting you for promotional or marketing purposes, please contact us using the contact details set out in our Privacy Policy. You agree that as a holder of a User Account, you will be automatically added to our email newsletter for product and promotional updates. If you do not wish to receive these newsletters, you will be given the option to unsubscribe in the newsletter.

GENERAL

41. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

42. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

43. These Terms constitute the full and complete agreement between the parties relating to the subject matter contained in these Terms and supersede any and all previous Terms, understandings, negotiations and representations between the parties in respect of all matters dealt with in this Terms.

44. Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or general grounds of restraint of trade.

45. These Terms are governed by the laws of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts of Victoria, Australia.