TERMS & CONDITIONS
Effective Date: 16 August 2021
Welcome to www.innour.com.au (Site).
This Site is owned and operated by Innour Pty Ltd ABN 76 652 872 716 trading as Innour (referred to in these terms as “Innour”, “we”, “us”, and “our”).
CONSENT TO SITE TERMS
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using our Site, accessing or purchasing any Products, you warrant that you:
- are over 18 years of age and have the legal capacity to enter into a legally binding contract;
- have read and accepted these Terms; and
- will comply with these Terms.
“Buyer” means any person offering to contract with Innour, a person to whom any quotation is made with Innour, and/or any person who purchases Products from Innour on these terms and conditions
“Defect” means an imperfection or flaw in the Product which makes the use of the Products unsafe, or prevents the Products from being
used for its intended purpose, or any flaw or imperfection that is trivial or insubstantial (which includes any packaging marks sustained through transit);
“Product/s” means all goods and services supplied by Innour to the Buyer under any contract, arrangement or understanding between Innour and the Buyer;
“Innour” means Innour ACN 652 872 716 and each of its agents, servants and employees and any related bodies corporate as defined
in the Corporations Act 2001 (Cth) (if such related body corporate is named as the party making or accepting the Buyer’s order of Products)
“GST” means any goods and services tax and any replacement or similar tax on goods or services;
“GST Law” means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Invoice” means the invoice issued by Innour to the Buyer setting out the amount to be paid by the Buyer; and
“Order” means any order for Products placed by the Buyer with Innour, in whatever form.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site . If at any time you choose not to accept these Terms, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you during your use of our Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
Our Site and Products contain intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as their business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site, Products and content does not grant or transfer any rights, title or interest to you in relation to this Site, the Products or the content.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, the Products and/or the Content, our Intellectual Property and Third Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, Products and/or Content, without refund, if you are found to be violating these Terms.
Innour Gift Cards are subject to our general Terms and Conditions and applicable policies.
Gift Cards are non-refundable, non-transferable, and cannot be exchanged. They cannot be redeemed for cash or any other product.
Gift cards are valid for 2 years from the date of purchase.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content are suitable for you.
CREATING AN ACCOUNT
To place orders and access some features of our Site, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided.
You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). The prices indicated on our Site may change at any time without advance notice to you. The amount charged to you will be the price in force at the time your order is validated.
We reserve the right at any time to modify or discontinue any Products without notice at any time. We shall not be liable to you, or to a third party for any modification, price change, suspension or discontinuance of any Product.
We reserve the right to cancel an order and provide a full refund in the event that a Product has been discontinued or we do not have the stock available.
We may from time to time provide discounted Products.
You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer visitors who want to purchase from our Site the option to pay for the Products by credit card or such other method of payment as notified by us from time to time. You acknowledge and agree to make timely and full payments to us for the Products purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the Products.
We reserve the right to cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission.
You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
INFORMATION AND ADVICE
Our Site may contain content, including digital Products, blog articles, and other information. If this is the case, all of this content is of a general informational nature only and is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be any type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our Products.
We do not accept responsibility for determining whether our Products are appropriate for you, We reserve the right to deny service and refund the cost of that Product for any reason, including where we believe that the Product would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.
The sale of Products on our Site or reference to any other Products does not constitute or imply our endorsement, sponsorship or recommendation in any way.
We do our best to ensure that the colours of any Products are accurately displayed. Please note that the colours of Products on our Site may seem different to the actual colours depending on the device you use.
You agree to only use the Products for their intended purpose and in accordance with any guidelines or directions (Guidelines) as set out on the packaging. Any use of the Products by you outside of these Guidelines is at your own risk and you assume full responsibility for any loss or damage arising from such use.
We do not accept responsibility for any Products that do not produce the results you desire or expect. Any statements made about the Products on our Site have not been assessed by the National Industrial Chemicals Notification and Assessment Scheme, Australian Competition and Consumer Commission or any other regulator.
All Products must be used in accordance with the instructions provided. Please check the ingredients of any Product before purchase to avoid any potential sensitivities and/or allergic reactions. You bear sole responsibility for deciding if the Products offered on our Site are suitable for you and your needs. Please consult with a medical practitioner regarding your use of any of the Products available on our Site.
Products made available on our Site are for personal use only (including any samples we provide). You must not sell or attempt to resell any Products and/or samples obtained or purchased from us.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, Products , as it helps us to improve our Site and our Products . Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback, comments or content, you represent and warrant that:
- you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
- give us permission to post or otherwise use that feedback on our social media or other channels;
- you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;
- the content does not violate these Terms; and
- you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains:
- libelous or otherwise unlawful, abusive or obscene material;
- attacks our employees or another contributor;
- contains material that discloses your personal information; or
- is unrelated to the post or content to which you have reviewed or commented on.
Our Site and social media channels may feature user reviews of the Products as well as blogs by guest bloggers, these reviews and content of the guest blogs in no way represent our views or opinions or those of our owners, shareholders, employees or any others, but are the sole Product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.
We may from time to time run competitions through this Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.
On our Site we present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves.
These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses or Products will achieve the same or similar results.
In addition to any other prohibitions, you must not, under any circumstances use our Site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, or state regulations, rules, laws, or local ordinances;
- attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;
- hack into any aspect of the Service; corrupt data; cause annoyance to other users;
- infringe upon the rights of any other person's proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the Products we sell, including that:
- they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
- access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
- there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our Products, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between us by your use of our Site may be terminated:
- where you breach any provision of these Terms; or
- at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of New South Wales, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.
Effective Date: 16 August 2021
Your Privacy and Innour Pty Ltd ABN 76 652 872 716 (collectively and individually referred to as “Innour” “we”, “us” or “our”).
WHO WE ARE AND HOW YOU CAN CONTACT US
You can contact us for privacy-related questions by sending us an email at email@example.com
We will only use your personal information in compliance with Australian Privacy Laws (Privacy Act (1988 (Cth)), Australian Privacy Principles and to the extent applicable, with the EU General Data Protection Regulation (GDPR) and any replacement legislation or regulation or guidelines and standards governing the use, storage or transmission of personal data.
OUR ROLE IN YOUR PRIVACY
As we are the providers of the products and services on this Site, we determine how and why your data is processed. We do not sell or rent your details to any third parties. We are committed to protecting your privacy and we want you to know exactly what information is collected and how we use it.
WHEN AND HOW WE COLLECT DATA
From the moment you visit our Site, we are collecting data, sometimes you might provide this data by completing a form or setting up an account, otherwise we might collect the data automatically. We may also collect data when:
- You purchase a gift card for redemption on our Site
- You purchase an online course, webinar, program or service
- You interact with us on social media
- You complete any sign-up forms, landing pages or send us a direct message via social media or an email to any of our nominated emails
- You participate in events, promotions and giveaways or any request for additional data such as customer surveys
- You accept our cookies and other tracking technologies on any device you use to interact with us
- You voluntarily submit your data to us for any reason
TYPES OF DATA WE MAY COLLECT
- Contact details (name, address, email)
- Financial Information (bank details when you are making a purchase)
- Your business name (sometimes)
- Basic information about your business and its history (sometimes)
- Data about the products or services you purchase
- Data about your experience with our Site and our products and services
- Data relating to your circumstances and such other information that is relevant to the products or services we provide to you
- Data relating to your attendance at seminars or other events held by us (including webinars and podcasts)
- Data that identifies you (your IP address, login, browser type, time zone, browser plugins, geolocation, what operating system and version)
- we do not link this with any personal Data
- Data on how you use our Site (URL clicks, products and services views, how long you are on our pages and other actions)
USE AND DISCLOSURE OF YOUR DATA
Under data laws, we are only allowed to use your data for specific reasons and where we have the legal basis to do so.
We will use your data for the purposes it was collected and related purposes that include:
- Operating our Site
- Providing you with products, information and services
- Customer support
- Tracking your purchase history
- Detecting and preventing fraud
- Improving our Site
- Making your experience on our Site more efficient and enjoyable
- Market research e.g. we may contact you for feedback about our products and services
- Provide you with information about events, other products or services or opportunities that may be of interest
- Marketing (with your consent)
- Monitoring your compliance with our Website Terms and Conditions
We may disclose your data for the purposes it was collected and also:
- As required by law subject to our obligations
- With your consent
- Within our business
- To send you marketing material (with your consent)
- To process your participation in any promotions and giveaways (including contacting you if you win, displaying your name online and on our social media platforms)
- Share with third parties to enable us to provide our products and/or services
Our use of Google Analytics may include but is not limited to display advertising and remarketing. You may see our adverts across the internet, this is due to the use of tracking technologies (cookies) to optimise and serve our adverts
CHOOSING NOT TO PROVIDE PERSONAL DATA
You can choose not to provide us with any personal data. However, if you do this, we will not be able to provide you with any products or services, however, you can continue to use our Site and browse the pages of our Site.
TURNING OFF COOKIES
We will always let you know before we collect any data from you what the intended use is and if we intend to use it for marketing and if third parties are involved we will obtain your consent (which you can withdraw at any time). You can change your mind about marketing material by opting out by:
- completing the contact us form on our contact page; or
- unsubscribing within the email if you have previously subscribed to our newsletter.
You can exercise your rights at any time by contacting us via the contact us page on our Site www.innour.com.au.
ACCESSING INFORMATION WE HOLD ABOUT YOU
We will provide you with the information within 30 days of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality or intellectual property rights). We will tell you if
we can't comply with your request and why.
You can contact us to ask us to correct any information we hold about you that you believe is inaccurate.
OBJECTIONS TO USING DATA FOR PROFILING OR AUTOMATED DECISIONS
We may use your data to determine what products and services are relevant to you (e.g. tailoring our emails based on your behaviour). Otherwise, the only circumstances in which we will use this data is to provide our products and services to you.
THE RIGHT TO BE FORGOTTEN
You have the right to request for your data to be erased. This means we have to delete all information that we hold about you, except to the extent of any information we are required to hold due to our legal obligations.
MAKING A COMPLAINT
If you have any complaints regarding how your data is handled, please contact us via email at firstname.lastname@example.org. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner.
SECURITY OF THE DATA WE COLLECT
We realise that our customers trust us to protect their data and whilst we cannot guarantee the security of any information you transmit to us, or receive from us, we take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your data. This includes the following:
- Password access to accounts
- Storing electronic data with reputable third party storage providers who have appropriate security protections
- Limit access to personal information to individuals who need to know.
- Using payment providers who are PCI DSS compliant
- We do not store your payment details
WHERE WE STORE DATA
We use service providers based in Australia. If we transfer personal data outside of Australia, we will ensure that your privacy rights are adequately protected by ensuring these service providers have the same or similar measures in place
to protect data shared.
HOW LONG WE STORE DATA FOR
We will keep your data for as long as we need it, and this period will also depend on your interactions with us. If you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing and tax purposes. When we no longer need to keep your information, we will delete it permanently or anonymise Data which is no longer necessary.
THIRD PARTIES WHO ACCESS YOUR DATA
We share data with third parties in the following circumstances:
- Other companies in our group of companies, as necessary to operate our Site
- Our suppliers and service providers working for us e.g. payment processors
- Our professional and legal advisors
- Third parties engaged in fraud prevention and detection
- Law enforcement or other government authorities
- Share with third parties who enable us to provide our products and services which may include:
- payment processors such as Stripe, PayPal, Xero, Shopify who may process your payment for any products and services bought from us;
- Social media and analytics such as Facebook, Instagram and Google Adwords for purpose of custom audience generation and the development of targeting criteria;
- Other third parties such as Leadpages, LeadQuizzes, Teachable, Zoom, Active Campaign, MailChimp for processing and holding Data that enables us to ensure you are kept informed of all course information, logins and marketing material, offers, promotions, newsletters, blogs and video training.
- Where we have your consent to do so or otherwise where we are legally permitted to do so.
All of our real-time credit card authorisations are handled by secure third party gateway providers and these are secured by the highest level of security. The following measures are taken to protect your data:
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by us or any outside party.
- All transaction data is encrypted for storage within our third party gateway suppliers bank-grade data centre, further protecting your credit card data.
- Our third party gateway provider is an authorised third party processor for all the major Australian banks.
- Our third party gateway provider will at no time touch your funds, all monies are directly transferred from your credit card to the merchant account held by us.
We use third-party gateway providers that are widely respected for providing secure and reliable online payment solutions. We have chosen to deal with the best so you can feel safe that your personal information is kept safe and secure at all times. While we attempt to protect the information in our possession, no security system is perfect, and we cannot promise that information about you will remain secure in all circumstances.
The Payment Card Industry Data Security Standard (PCI DSS) is an information security standard for all organisations that handle branded credit cards from major card schemes. PCI DSS is a standard mandated by the card brands like Visa, Mastercard, American Express and Discover and is managed by the PCI Security Standards Council.
PCI-DSS requirements help ensure the secure handling of credit card information through our Site and the service providers.
AGE OF CONSENT
By using this site, you warrant that you are at least the age of majority in your State or Territory of residence. Our Site should not be used by anyone under the age of majority, and we do not knowingly collect data from anyone under the age of majority.
COOKIES AND HOW TO BLOCK THEM
We may use web beacons (or clear gifs) on our website and in our emails. So basically when we send emails, we can track behaviour such as who opened the emails, who clicked the links and collect information such as your IP address, your browser or email type, we then put this information together to improve the performance of our email campaigns and provide you with better and/or services specific to your needs. You will always have the ability to opt out of any emails we send just click the link in the email that says “unsubscribe”.