In this policy, “us”, “we”, or “our” means Debbie K  Barker as a solo entity, operator of this website.

These terms of use govern your use of and access to this website.

We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website.

General Terms

JURISDICTION

These terms shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland to determine any matter or dispute which arises under these terms.

ACCESS

While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to this website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any feature or service on the site at any time without notice.

We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.

CONDUCT

You must not use, or attempt to use this website:

  • in breach of any applicable laws of the State of Queensland, Commonwealth of Australia, or local laws in your jurisdiction
  • to impersonate any person or entity
  • to solicit money, passwords, personal information or other property from any person or entity
  • to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
  • to publish or facilitate publication of personal information of a third party without their consent
  • to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so
  • to publish or facilitate publication of pornographic or offensive material
  • to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware
  • to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so

Breaching of these rules of conduct may result in termination of your access to this website and prevention of further access without warning or notice.

PRIVACY

Please review our Privacy Policy, which also governs your visit to this website, to understand our practices.

COPYRIGHT

Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.

This website may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website for your own personal, non-commercial use. Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:

  • Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
  • Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser’s cache).

THIRD PARTIES

Certain areas of this website may contain links to external websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of any third party website.

Certain areas of this website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.

Certain areas of this website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.

COMMUNICATIONS

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Debbie K Barker (“Feedback”) will be deemed, at the time of communication to Debbie K Barker, the property of Debbie K Barker, and Debbie K Barker shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

LIMITATION OF LIABILITY

Your use of this website is undertaken at your own risk.

To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.

By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein, unless otherwise specified in writing.

In the case of goods or services supplied or offered via this website, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those goods and services.

 ACCURACY OF PRODUCT DESCRIPTION

All products and services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:

  • Human error in entry of information
  • Incorrect information provided to us by suppliers or distributors
  • Failure of suppliers or distributors to supply updated information to us 

We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice. 

RETURN/REFUND POLICY

In the case of purchase of a product from this website which satisfies one or more of the following cases we will gladly arrange a refund or exchange of the product:

  • The product does not match its description as provided when sold
  • The product received is not the product ordered

Please contact us immediately if any of the above occurs to arrange a refund. If ALL the conditions are not met no refund will be issued. Any questions regarding payments, purchases, refunds and membership should be directed to hello@debbiekbarker.com as quickly as possible.

PAYMENTS

  • Payments are processed through a third-party provider (Stripe or Paypal) – no credit card details are retained by Debbie K Barker, other than the final 4 digits of credit card numbers for identification purposes.
  • All orders are placed in Australian dollars.
  • In the case of offline payment, we will contact you to arrange payment. This process must be completed before your order can be fulfilled.
  • In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, or cheque dishonour, your access to membership may be paused or cancelled until payment issues are rectified.
  • Prices are displayed to Australian visitors of this website (unless otherwise marked) including GST if applicable to the product, and in Australian Dollars.
  • If we determine that you are in a foreign country, we may display prices to you without GST and/or in alternate currencies.
  • Soulful Business Academy only: Any member who wishes to cancel their membership can do so at any time by emailing Hello@debbiekbarker.com – cancellations are processed as quickly as possible by the provider, however may take 48 hours to process. Members are advised that if they wish to cancel their membership prior to their next payment, notice must be provided at least two working days in advance to ensure the next payment isn’t deducted.
  • If a payment is declined, the customer will receive a notification, and will be required to make alternative payment within 3 working days. If this is not done, the product will be forfeited and no refunds will be provided. For Academy members, membership will discontinue and the member will be required to re-join at current pricing.

TAX INVOICE

Upon completion of your order, we will supply a Tax Invoice to you in the form of an email. Please ensure that the email address you have provided us is correct. 

SECURITY

We use industry-standard SSL encryption where applicable to protect the privacy of information in transit between this website, yourself, and our suppliers including payment gateways.

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

LIMITATION OF LIABILITY

Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any product or service purchased from this website beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.

 

PAYMENT PLANS

Full access to any product purchased using a payment plan (where offered) ‘may’ be restricted if payment fails. Failure to make all payment ‘may’ result in exclusion from any paid product forums or groups.

 

PARTICIPATION IN FREE AND PAID GROUPS, FORUMS AND INTERACTIVE AREA’S

You agree that you will not:

Use our forum, private Facebook group or any other user interactive area of our site for any illegal purpose,

Place any material in our forum, private Facebook group or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party,

Place any material in our forum, private facebook group or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person,

Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, private facebook group or any other user interactive area of our site,

Place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.


GROUP COACHING 

Group Coaching programs allow a fixed number of participants. For that reason we do now allow simple “change of mind” or “change of circumstance” refunds or transfers to other programs. Our “No Backing Out” policy is subject to the Trade Practices Act 1974 (Cwth) and Sale of Goods Act 1896 (Qld). No part of these terms of use is to be taken as an express or implied repudiation of our obligations under these pieces of legislation.

Any advice provided is suggestive only, taking action on advice is at the full discretion of the coachee and we will not be liable for results based on actions taken. It is the coachee’s responsibility to fully and completely research any suggestions, tactics, plans or strategies before undertaking action.


MASSAGE TRAINING

If for any reason you need to cancel , 30 days before the workshop begins then 50% will be refunded. Once the course begins, there will be no refunds.

If you are cancelling earlier than that, then a 15% of workshop fees will be charged and the remaining portion fully refunded.

Any monies paid can be transferred to another course date up to one year from the original class date.


PURCHASE OF PRODUCTS AND SERVICES

Purchase of all products and services from Debbie K Barker, regardless of the platform upon which they are purchased, is subject to the following terms and conditions:

  • Debbie K Barker reserves the right to make changes to these terms and conditions at any time.
  • Debbie K Barker reserves the right to remove any program member at any time without refund.
  • Membership of any program is subject to the community guidelines, which can be found in the About section of the relevant Facebook Group
  • All training materials, recordings, content, sounds, videos and images remain the property of Debbie K Barker at all times, and are subject to copyright. No reproduction, sharing or copying of materials is permitted without prior written consent from Debbie K Barker or her legal representative.
  • From time to time Debbie K Barker may run special competitions or promotional activities within and for the sales of products and services. These are conducted with ‘fair go’ policies in mind, and no conversations will be entered into regarding competitions and promotions. These are the express right of the provider.
  • The price of the Academy is subject to change at any time without notice for new members. Existing members are able to secure their membership price for a period of 12 months from sign-up. Any existing member price increases will be effected with 30 days’ minimum notice to all membership.
  • No representation is given to the outcomes achieved by members through purchase of any product or service. The provider does not provide any financial or legal advice to members, and all information provided is a guideline only. You should always consult your own legal and financial advisor when taking into consideration any information or opinions provided. Debbie K Barker is not liable for the results of any information provided, and has not made any claims as to the outcomes that customers, or their business interests will achieve as a result of purchase.
  • By purchasing you agree to these terms and conditions.


LAST UPDATED: 22 April 2020

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