Digital Product Agreement
The following document sets forth the Digital Product Agreement for LRP Health and Wellbeing.
This Agreement ("Agreement") is made effective by and between LRP Health and Wellbeing, ABN 58 227 061 613 (“we”, “us”. "the business") and purchaser of the digital product (hereafter "Client'), for the purpose of Client purchasing products from Business's online shop (the "Product"). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
1. DIGITAL PRODUCT USAGE
After purchasing the digital product, Client will be given access to the product materials (within 48 hours) through a download delivered in his/her email. Client will have 30 days access to the materials so long as the product(s) is/are available.
Business hereby grants to Client one (1) exclusive, non-sub licensable, non-transferable, licence to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Business suspects that the Product is being shared with another party, Business reserves the right to immediately terminate Client's access to the Product.
Client may use the Product for his/her own personal use.
2. FEES AND PAYMENT PROCESSING
In consideration for access to the Product provided by the Business, Client agrees to compensate Business the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Business reserves the right to collect any and all outstanding receivables.
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by the Client in connection with the Product will be allowed under any circumstances.
4. PERSONAL INFORMATION
By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information and updating Business on any changes to his/her identifying information.
The billing provided to Business by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client's identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
Upon delivery of the digital product to Client, Business hereby transfers and assigns to Client all copyrights regarding the Product.
6. WARRANTIES AND LIABILITY
The Business makes every effort to ensure that the Product is accurate and fit for the use of Business's customers. However, Business takes no responsibility whatsoever for the suitability of the Product, and Business provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Business against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client's breach of these terms and conditions. Business shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
The Business does not make any guarantees as to the results, including financial or other personal gains, of Client's use of the Product. Client agrees to take responsibility for Client's own results with regard to using the Product.
8. RELEASE & REASONABLE EXPECTATIONS
Client has spent a satisfactory amount of time reviewing Business's business and has a reasonable expectation that Business's Product will produce different outcomes and results for each Client. Client understands and agrees that every client and final result using the Product is different and the Product is intended for a mass audience.
9. ENTIRE AGREEMENT
This is a binding agreement that incorporates the understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
10. VENUE AND JURISDICTION
The laws of the state of Queensland, Australia shall govern this contract, and any resulting arbitration shall take place within Brisbane, Queensland. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
This Digital Product Agreement was last updated on 21st February 2022.