Terms & Conditions

Marketplace

The website www.emotiquo.com (Site) is owned by Jonathon Barratt ABN 44 695 808 923 trading as Emotiquo (referred to as Emotiquo, We, Our or Us) whose registered office is 13/9 Dix Avenue, Marden 5070, South Australia. The Site connects life and career coaches and mentors (Coaches/Mentors), including those subscribed to a membership (Coach Members/Mentor Members), with people seeking Coaches/Mentors and/or personal development and emotional fitness resources (General Users), including those subscribed to a membership (General Members), by facilitating said introductions (Services).

The aim of the Site is to provide:

1. 1. A platform to introduce Coaches/Mentors and General Users;
   2. Coach/Mentor directories where Coaches/Mentors can setup profiles to promote their services, list contact information, articles, videos, events, podcasts, documents and products;
   3. A private and professional online community environment where Coaches/Mentors can share ideas and interact with each other;
   4. An online hub for personal development and emotional fitness resources for General Users;
   5. A forum for communications between Coaches (only) and General Users.
   6. An online store in which we sell Emotiquo memberships and products (including third-party products) to Users (Customers).

1. Agreement
   1. These Terms and Conditions (Terms) form a binding legal agreement between Us and each person, organisation or entity accessing, viewing or using the Site and or Services and or purchasing products, including General Users and Coaches/Mentors (referred to as User or You). By accessing or using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Users will also be asked to click “I Agree” when registering for an Account as a Customer, Coach/Mentor or General Member. Please read these Terms carefully.  If there are any questions, please contact Us using the contact details at the end of these Terms.
   2. The User’s access and use of the Site and the Services indicates that:
      1. the User has had sufficient opportunity to access the Terms;
      2. the User has read, accepted and will comply with the Terms;
      3. the User has legal capacity to enter into a contract for sale; and
      4. the User is 18 years or older.

      If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

   3. We may amend these Terms from time to time with immediate effect upon giving Users notice of the varied Terms via the Site. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. If a User has reasonable grounds to believe that the varied Terms will be detrimental to their rights, the User may terminate their Account created under these Terms without penalty upon receiving the notice of varied Terms. We recommend that each User check the current Terms, before continuing use of the Site or Services.
   4. These Terms supplement and incorporate Our policies and terms and conditions, including without limitation the Website Terms of Use, Privacy Policy and Coach’s Code of Conduct available on our Site. Our Privacy Policy and Website Terms of Use set out what information We collect from our Users; how We collect, use and protect User information (including actions in the event of a breach); who can access User information and for how long; and how Users can access, download and delete their data.
2. Site Summary
   1. The Site and the Services provide an introductory service for Coaches/Mentors and General Users, including via a directory of Coaches/Mentors, and for Customers to purchase Emotiquo General Memberships and products.
   2. A User may open a Customer Account to purchase Emotiquo products.
   3. A User must apply to open a Coach/Mentor account to be listed with a profile, subscribe for Coach/Mentor Membership and use the Site’s Services.
   4. General Users must open a General Member account to participate in forums or to communicate directly with Coaches (only) using the Site’s private messaging system.
   5. If a User wishes to complain about any comment made on the Site, they may use the “Report” function on the Site. Each User understands and agrees that the Site is an online introductory platform, and that, in relation to introductions, Our responsibilities are limited to facilitating the user functionality availability of the Site and the Services. We are not an employment agency or labour hire business. By accessing or using the Site, You acknowledge that Coaches/Mentors are not our employees, contractors, partners or agents.
   6. We are not a party to any agreement entered into between Users. We are not a referrer or booking agent, and provide no such related services. We have no control over the conduct of Users of the Site and the Services.  We disclaim all liability in this regard.
   7. Any arrangement between Users is solely between Users.  It is strictly and expressly not part of the User’s agreement with Us.
   8. We accept no liability for any aspect of the General User and Coach/Mentor interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods. We do not assist or involve Ourselves in any way in any dispute between a General User and a Coach/Mentor.
   9. All information related to services to be performed or acquired or goods to be provided or acquired is supplied by Site Users. We do not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the Site.
   10. You expressly agree that We have no responsibility and make no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all General Users and Coaches/Mentors), including, but not limited to, the ability of Coaches/Mentors to perform services or supply items, or the honesty or accuracy of any information provided by General Users or the Coaches/Mentors or the ability of General Users to pay for the services or goods requested. Coaches/Mentors are encouraged to verify the details and credit-worthiness of those Users to whom Coaches/Mentors give or contemplate giving coaching/mentoring services.
3. Online Registration
   1. A User can browse and view the Site  as an unregistered user of the Site.  A User must register on the Site and create an account (Account) to access some Services and features on the Site, including creating a Coach/Mentor Account or General User Account and making payments.
   2. Each User may only have one (1) Account on the Site.
   3. Basic information is required when registering on the Site for an Account.  Each User is required to provide certain information including name, email address, payment information (as applicable) and location and select a username and password.
   4. When applying for a Account, Coaches must declare at least one completed certification, such certification must be acceptable to us at our sole discretion, in order to add profile pictures and service/business related information to profiles. Mentors are not required to declare a certification.
   5. Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  We reserve the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to Us proves to be inaccurate, not current or incomplete.
   6. To keep information secure and confidential, We use SSL Certificates to establish an encrypted link between a server and a User.  Users may be requested by Us to change their passwords from time to time.  Further information on the storage and security of personal information can be found in our Privacy Policy and Website Terms of Use.
   7. It is the User’s responsibility to keep its their Account details, username and password confidential.  The User is liable for all activity on its Account, including purchases made using its Account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
   8. The User will immediately notify Us of any unauthorised use of its Account.
   9. At our absolute discretion, We may refuse to allow any person to register or create an Account.
4. Users and User Profiles
   1. Users who have created a Coach/Mentor Account are permitted to create profiles. The User’s profile for its use of the Site is created from the personal information it provides to Us.
   2. Each User acknowledges and agrees that it is responsible for its own profile.
   3. Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk.  We cannot guarantee that other Users have genuine intentions.
   4. Each User should report to Us, any activities or requests of Users which are, or which the User reasonably believes to be:
      1. suspicious;
      2. inconsistent;
      3. illegal; or
      4. likely to have a negative effect on Our reputation, the Site Services and/or a User.
   5. Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
   6. Each User represents and warrants that any content that it provides and profile that it posts:
      1. will not breach any agreements it has entered into with any third parties;
      2. will be in compliance with all applicable laws, tax requirements, rules and regulations and licencing and insurance requirements that may apply to any User in its local area and country; and
      3. will not conflict with the rights of third parties.
   7. For the avoidance of doubt, we assume no responsibility for a User’s compliance with any applicable laws, rules and regulations.
   8. We reserve the right, at any time and without prior notice, to remove or disable access to any Account and/or profile and/or listing for any reason, including Accounts, feedback and/or profiles and/or listings that We, at our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
5. Ratings and Reviews
   1. Reviews can be made by Users in the following areas, and in the following capacities:
      1. Reviews can be posted on all online store products (comments and stars);
      2. Comments/opinions (using Facebook comments system) will be open on all public articles, event listings and uploaded/hosted videos (comments only);
      3. Comments in the form of an opinion can be made in all private forum posts and replies; and
      4. Emotiquo will include forms to garner feedback from Site Users (e.g. testimonials, critiques, suggestions, error reports etc). Some testimonials (or excerpts from) may be displayed publicly on the Site.
   2. If, in Our reasonable assessment, a comment or review is untrue, unfair, inaccurate, offensive or inappropriate, We may delete it or ban the User from posting reviews or comments. We do not undertake to review each comment or review made by a User.
   3. Users must not post any comment or review that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or Profile; and
   4. To the fullest extent permitted by law, We are not responsible for the content of any comments, reviews or content uploaded by Users.
6. Forums
   1. The Site has a forum on which Coaches/Mentors are able to privately communicate with other Coaches/Mentors to share ideas, discuss techniques and ask for advice.
   2. The Site also has a Forum on which General Members can ask Coaches (only) questions under a nickname and receive responses and feedback from participating Coaches.
   3. The Site will be subject to random audit-style moderation. A ‘Reporting’ mechanism will be included to inform Emotiquo moderators of any content/Users that allegedly breach these Terms of Use or the Code of Conduct.
   4. We ask Users to limit their discussions to topics which are relevant to the Site and Services.
   5. We reserve the right to remove any posts by Users which We, at its sole discretion, deem to be inappropriate.
   6. Users acknowledge and agree that they are not permitted to post topics or replies posts which contain foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks.
7. Fees and Payments
   1. To use the Site’s membership features and services, Coach/Mentor Members and General Members must pay a subscription fee on a monthly or annual basis in advance as specified on the Site. The subscription will automatically renew unless cancelled, suspended or switched to another membership.
   2. There is no charge for a Coach/Mentor to create a listing. We reserve the right to refuse or cancel a listing at any time and without reason or cause.
   3. To the extent permitted by law, all fees and charges payable to Us are non-cancellable and non-refundable.
   4. Emotiquo uses a third-party service provider to provide payment services acting as a payment facilitator (Third-Party Payment Service Provider).
   5. By buying goods or services using the Site, You hereby consent and authorise Emotiquo and Our current Third-Party Payment Service Provider to share any information and payments instructions You provide with one another and, to the extent required to complete your transaction, with any other third party service provider(s).
   6. If a User fails to complete a transaction and does not have a lawful excuse for such failure, then in addition to our rights under these Terms (including any Emotiquo Policy) We may suspend (temporarily or indefinitely) or terminate the defaulting User account.
8. Dispute Resolution
   1. By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a User or other third party, will be limited to a claim against the  User or other third party, who caused harm to him or her.  We encourage Users to communicate directly with the relevant User or third party to resolve any disputes.
   2. If there are any complaints from a User against Us, We will aim to respond and provide a suitable solution within 45 days.  If a User is not satisfied with Our response, the User and We agree to the following dispute resolution procedure:
      1. The complainant must tell Us in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.  The User and Us agree to meet in good faith to seek to resolve the dispute by agreement (Initial Meeting).
      2. If a resolution cannot be agreed upon at the Initial Meeting, either the User or Us may refer the matter to a mediator.  If the User and Us cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator.  The mediator will decide the time and place for mediation.  Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
   3. Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
9. Cancellation of Registration
   1. A User can delete their entire User Account via their Account page on the Site, or cancel a subscription and retain their user Account. In the event of cancellation, all paid Service Fees are forfeited and the subscription will be terminated with effect on the day that is the end of the last paid period, unless we decide, at our sole discretion, otherwise.
   2. We may immediately terminate an Account at any time if a User is in breach of these Terms or stipulated Code of Conduct. We may issue a warning notice to the breaching User giving the User 7 days in which to remedy the breach. Accounts may also be suspended during such time. Any warning notice is dependent upon the severity of the breach and not a requirement. Any paid Service Fees will be forfeited in the event of termination of a User’s account in accordance with this clause.
10. Consumer Guarantees
    1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer the User with rights, warranties, guarantees and remedies relating to the provision of Services by Us to the User which cannot be excluded, restricted or modified (Statutory Rights).
    2. Nothing in these Terms excludes a User’s Statutory Rights as a consumer under the ACL. The User agrees that Our liability for Services provided to Users who are defined as consumers is governed solely by the ACL and these Terms.
    3. We exclude all conditions and warranties implied by custom, law or statute except for the User’s Statutory Rights. Except for the User’s Statutory Rights, all material and work is provided to the User without warranties of any kind, either express or implied, and We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
11. Refund Policy
    1. Where we sell products from the Site store, if the User is not satisfied with the product, a refund will be provided for the full cost of products (excluding any delivery charges unless goods are faulty) providing the request is made within 21 days of receipt of products.
12. Intellectual Property
    1. All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not, including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Us (or its affiliates and/or third party licensors as applicable) (collectively Intellectual Property).
    2. The User agrees that, as between the User and Us, We own or hold the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Us or the owner of the content.
    3. Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
    4. Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Us or the applicable trademark holder or Intellectual Property owner.
    5. Subject to the aforementioned clause, there is an online resource private area on the Site from which authorised and downloadable emotiquo™ brand and promotional materials, including logos, advertisements, links and other such items, will be available and which may be subject to such other further terms and conditions we may issue from time to time.
    6. Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks. Users may not do anything which interferes with or breaches the Intellectual Property rights.
13. User Licence
    1. Subject to these Terms, We grant the User a personal, non-exclusive, non-transferable, non-sublicensable limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Our prior written consent.
    2. The right to use the Site and Services is licensed to the User and not being sold to the User.  A User has no rights in the Site and Services other than to use it in accordance with these Terms.
    3. This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
14. Coach/Mentor Obligations and Warranties
    1. Advice offered by Coaches/Mentors using the Site or the Site communication mechanisms should be regarded as free and unencumbered advice and must be provided in accordance with the Code of Conduct. Any advice considered part of a commercial or financial transaction must not be conducted using the Site.
    2. Advice, whether in the form of communications between Coaches/Mentors and General Users, or any content available on the Site, should not be represented as counselling, psychotherapy, or psychiatric evaluation, psychiatric therapy, or any other service requiring professional accreditation.
    3. Throughout the time during which you are registered for a Coach/Mentor membership package, you represent, warrant and agree to the following:
       1. You will not make any misrepresentations nor create a misleading name or listing;
       2. You will at all times provide correct and accurate representations of your skills, degrees, qualifications, background and other information and will maintain and update all such information to keep it true, accurate, current and complete;
       3. You will not provide any medical or mental health advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship. You will not provide any medical or legal advice unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility; and
       4. You must exercise a standard of care, no less than that of an experienced, professional coach would in a similar transaction not conducted through the internet, or to the standard of care mandated by the professional associations to which you are a member, whichever is higher.
    4. Coaches/Mentors must regard all information that they learn or discover from any User as completely confidential, and shall not disclose this information to anyone without the permission of the User. Exceptions to this are situations where: (a) you are required by law; (b) an imminent risk to someone may be involved; or (c) you have express permission from us.
    5. Coaches/Mentors must abide by the Code of Conduct.
15. Permitted and Prohibited Conduct
    1. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.
    2. The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services.
    3. The User must not post, upload, publish, submit or transmit any content that:
       1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
       2. is fraudulent, false, misleading or deceptive;
       3. denigrates Us, the Site, Services,  Coaches/Mentors, or General Users;
       4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
       5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
       6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
       7. promotes illegal or harmful activities or substances.
    4. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:
       1. use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
       2. register for more than one Account or register for an Account on behalf of another individual and/or entity;
       3. use the Services to find a General User and then complete, or assist another individual to complete, a booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Our provision of the Services;
       4. submit any false or misleading information;
       5. as a  Coach/Mentor, offer any Services or Products that it does not intend to honour or cannot provide;
       6. as a General User, make any offers to Coaches/Mentors that it does not intend to honour;
       7. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
       8. copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
       9. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
       10. use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
       11. use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
       12. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
       13. use, display, mirror or frame the Site, or any individual element within the Site, Services, Our name, any Our trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Our express written consent; or
       14. advocate, encourage, or assist any third party in doing any of the foregoing.
16. User Content
    1. Users are permitted to post, upload, publish, submit or transmit relevant information and content, including citations, references and credits where applicable (User Content).  By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.
    2. The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services.  The User represents and warrants that:
       1. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Us the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
       2. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Our use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    3. We may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
17. Disclaimers
    1. The Site and the Services offered are provided solely as a forum and technical means to connect Users interested in having a coaching/mentoring conversation.  We do not provide, nor represent ourselves as being licensed to provide, counselling, psychotherapy, or psychiatric evaluation, psychiatric therapy, or any other service requiring a professional accreditation.
    2. Users are advised that there is a difference in responsibilities between coaching/mentoring and psychotherapy, counselling, or other medical treatments in psychology and psychiatry. Specifically, coaching/mentoring involves providing education and guidance to those seeking to learn and implement a self-directed discovery and self-paying process where Coaches/Mentors do not necessarily have any formal qualifications. Whereas psychotherapy, counselling, or other medical treatments in psychology and psychiatry are health care services and are usually reimbursable through health insurance policies and require licensed health care professionals with accredited training to provide (Conventional Services). It is a User’s responsibility to manage its own mental health, including obtaining necessary examinations and ongoing support as needed. Coaching/mentoring should be seen as a supplement to Conventional Services but not as a replacement for Conventional Services.
    3. In situations where a User is under the care of a professional counsellor or medical practitioner and conflict arises between the recommendations of those professionals and the Coach/Mentor, we accept no responsibility if a User follows the guidance of a Coach/Mentor instead of a Conventional Service provider.
    4. As a Coach/Mentor, you understand that by using the Coach/Mentor Services, your contact information may be made publicly available on the Internet. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including consultations with clients procured through the Site.
    5. We do not guarantee that Coach/Mentor products and/or services will be requested by any General Users, nor do We guarantee that General Users will be able to find desirable Coach/Mentor products and/or services.
    6. We do not endorse any Coach/Mentor, Coach/Mentor products or services.
    7. We cannot and do not control the content contained in any profiles or the condition, legality or suitability of any Coach/Mentor or Coach/Mentor products and services. General Users are responsible for determining the identity and suitability of a Coach/Mentor that they contact via the Services and the Coach/Mentor products and services.
    8. We accept no responsibility for and make no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site.  To the extent permitted by law, We disclaim any and all liability related to any and all Coaches/Mentors, General Users, Profiles, listings, Coach/Mentor products and services.
    9. We will not be liable for any content that is, or could be, defamatory, obscene, pornographic, vulgar, offensive, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
    10. For the avoidance of doubt, We are not responsible for any duties, fees, taxation, visa or immigration matters under these Terms.  We advise that all Users using the Site and Services should seek advice in relation to these matters.
    11. Each Coach/Mentor and General User who uses the Site and the Services does so at their own risk.
    12. We exclude all express and implied conditions and warranties, except for the User’s Statutory Rights, to the fullest extent permitted by law, including but not limited to:
        1. We do not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;
        2. We take no responsibility for, and will not be liable for, the Site, the Services, the Coaches/Mentors, General Users, Coach/Mentor products and services being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the User’s needs, or being of less than merchantable quality; and
        3. To the extent permitted by law, We will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Profile, any listing, the Coach/Mentor products and services, or the Terms, even if We was expressly advised of the likelihood of such loss or damage.
    13. The User agrees not to attempt to impose liability on, or seek any legal remedy from Us with respect to such actions or omissions.
18. Limitation of Liability
    1. To the extent permitted by law, Our total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to Us re-supplying the Services to the User, or, at Our option, refunding to the User the amount it paid for the Services to which its claim relates. Our total liability to the User for all damages in connection with the Site and Services will not exceed the price paid by the User under these Terms for the 12 months period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
    2. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Us and the User.
    3. This limitation of liability reflects the allocation of risk between the parties.  The limitations specified in this section will survive even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Us.
19. Indemnity
    1. Each User agrees to defend and indemnify and hold We (and Our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
    2. As a Coach/Mentor, you acknowledge and agree that we disclaim any liability with respect to any claim, suit or action brought by a user in connection with the provision of any products and/or services by you through the Site and you agree to indemnify and hold us harmless in connection with any such claim and any damages or expenses arising therefrom. In the event of a dispute regarding any transaction conducted through the Site, you hereby release us and our affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney’s fees, which you may have against one or more of the above.
    3. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
    4. This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services.
20. General
    1. Accuracy: While We will endeavour to keep the information up to date and correct, We make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose.  The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and We expressly exclude any liability for such to the fullest extent permissible by law.
    2. Security: We have a secured business system with an SSL connection to protect all User transactions and to ensure maximum security.
    3. Termination: We reserve the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site, if the User commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If We decide to terminate a User’s Account, with or without notice to the User, the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content.
    4. Fraudulent Activities: Each User acknowledges and agrees that, in the event we reasonably suspect that there are fraudulent activities occurring within the Site and Services, We reserve the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
    5. Force Majeure: We will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
    6. Notice: Any notice relating to the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
    7. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Us of any of the Terms shall be effective unless We expressly state that it is a waiver and We communicates it to the User in writing.
    8. Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Our prior written consent. These Terms, and any rights and licence granted hereunder, may be assigned by Us without restriction.
    9. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    10. Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the courts of New South Wales. The Site  may be accessed throughout Australia and overseas.  We make no representation that the content of the Site  complies with the laws (including intellectual property laws) of any country outside Australia.  If a User accesses the Site from outside Australia, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
    11. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Us and each User, and supersede any prior agreement, understanding or arrangement between Us and each User, whether oral or in writing.

Online Store

1. Currency
   All amounts are in United States Dollars (USD).
2. Shipping Policy
   1. Estimated shipping delivery times:
      1. USA: 3-5 business days
      2. Canada: 5-10 business days
      3. World: 10-20 business days
   2. Your order will be sent out on average within 3 days of ordering.
3. International shipping:
   1. International shipments may incur customs fees. For each country the customs policy is different, and the fee is usually based on a variety of factors like weight, value, and size.
   2. We do not take responsibility for customs fees.
4. Order never arrived:
   If your order didn’t end up arriving, be sure to let us know! First check your shipping confirmation and check that you had entered the correct address. If the address was incorrect, though we’d be happy to send you another order to the correct address, it will have to be at your cost. If the shipping address was correct, get in touch with us and note your order number. We’ll see what can be done.
5. Returns policy
   1. Damaged items: The last thing we want is for you to be stuck with a damaged item. If it arrives to you damaged, then please get in touch with us within a week’s time!
   2. Wrong size: If you’re unhappy with the size you’ve received, first check that the size stated on the garment matches the size stated on the sizing chart. Though rare, it’s possible that the garment was mislabelled. Let us know and we’ll get you sorted out. If you’d like a different size, get in touch with Us and we’ll let you know what your next steps are.

For questions and notices, please contact:

Emotiquo
13/9 Dix Avenue, Marden SA 5070 Australia
Email: info(at)emotiquo(dot)com

Last update: October 2017