ELETURIEN
TERMS AND CONDITIONS

Welcome to Eleturien!

In these terms, we also refer to Eleturien (our full name being Alexandra Coughlan trading as ‘Eleturien’ ABN 35 839 498 708) as “we”, “us”, or “our”.

And you are you!

What are these terms about?

These terms apply when you use this website, being www.eleturien.com.au and any other websites we operate with the same domain name and a different extension (“Website”).

We sell electronic products, such as our eBooks (eBooks). These terms apply when you buy an eBook through this Website.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here: https://eleturien.com.au/privacy-policy-2/

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you buy an eBook (applies when you buy)
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or buy an eBook unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you buy an eBook, the terms of Part A and Part C accepted at the point of sale will apply. We may however change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or buy an eBook. You can check the date at the top of this page to see when we last updated these terms.

DISCLAIMER:
Before you buy any of our eBooks, please make you read and understand the below.
No legal, medical or financial advice – Our eBooks are intended to assist with your stay in Western Australia, and you may find them useful as easily accessible source of information relevant to your stay. However, nothing in our eBooks is intended to be legal, tax, accounting, medical, financial or other professional advice and should not be relied on as such. All information provided by Eleturien, including any materials provided to you, is general in nature and based on our experience. You should obtain specific financial, legal or other professional advice before relying on eBooks. By not seeking such advice, you accept the risk that the information in our eBooks may not meet your specific, circumstances or goals.
No association with government, NFPs or other organisations – Eleturien is not associated with any government agencies, not-for-profit organisations or any of the businesses or organisations referred or linked to in our eBooks, our ‘Let’s have a chat’ service, or on our Website. We are not responsible for any content provided on the pages of those government agencies, not-for-profit organisations or businesses. You should reach out directly to the relevant government agencies, not-for-profit organisations or businesses if you have questions around, or issues regarding, any content on those pages.
Not a registered migration agent – Eleturien is not a registered migration agent and we cannot assist you with your visa application nor advise you on any aspect of migration law, including any COVID-19 restrictions or requirements on travellers or migrants. You should obtain specific immigration assistance from a registered migration agent or legal practitioner before relying on any information in our eBooks.
Reliance on information – The information provided to you in the eBook is based on general information in Western Australia. You are responsible for making your own independent assessments, research and enquiries before relying on any information in the eBooks to make a decision or decisions about your needs. Eleturien makes no representation or guarantee that our eBooks will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the eBooks, you will achieve any particular outcomes. You should not act on any information provided before you have formed your own opinion through investigation and research as to the suitability of such information for your circumstances.
Results not guaranteed – You acknowledge and agree that you are not guaranteed to achieve any specific personal outcomes or results by using our eBooks. While the eBooks are intended to build your knowledge of Western Australia, Eleturien does not guarantee, warrant or represent that, as a result of buying our eBooks, a specific outcome for you will occur or that that you, will achieve any particular outcome or that any particular outcome will occur at all. You agree to make your own independent assessment and evaluation prior to relying on any information, testimonials, recommendations and advice provided by Eleturien in our eBooks, our ‘Let’s have a chat’ service, or on our Website.
  1. AGREEMENT
    1. By submitting an order for an eBook (Order), you represent and warrant that you:
      1. have the legal capacity and are of sufficient age to enter into a legally binding contract with us; and
      1. you are authorised to use the debit or credit card you used to pay the Fee.
      1. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the eBook in exchange for your payment of the total amount displayed when buying an eBook.
      1. Part A of these terms is not agreed between you and us until we have approved your payment and you receive written confirmation from us confirming that your order has been or is being processed.
  2. ACCESS
    1. We will endeavour to ensure that the eBook provided will be substantially the same as the eBook described on our Website, or as otherwise agreed with you in writing prior to you buying the eBook.
      • You acknowledge and agree that you must not:
        • grant access to the eBook or any part of it to any third party;
        • sublicence, transfer, share or rent out the eBook;
        • modify the eBook in any way or create derivative works based on the eBook or any part of it;
        • resell the eBook or use the eBook for any other commercial purpose;
        • print or publish the eBook in print, online or otherwise, other than for the Purpose; or
        • otherwise use the eBook for any purpose other than for the Purpose.
      • The conditions in this clause 3 also apply to any audio, video, or other files that accompany the eBook.
      • You release and indemnify us against any loss we suffer as a result of your failure to comply with this clause.
      • All Intellectual Property Rights in the eBook remain our sole property, and you will not acquire title or rights in the eBook under this agreement.
  • PAYMENT
    • GENERAL
      • All prices are:
        • per unit (except where indicated);
        • in Australian Dollars; and
        • subject to change prior to you completing an Order without notice.
    • PAYMENT OBLIGATIONS
      • You must pay for an eBook at the time of placing an Order.
    • GST
      • Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Eleturien, you must pay the GST subject to Eleturien providing a tax invoice.
    • CARD SURCHARGES
      • We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    • ONLINE PAYMENT PARTNER
      • We may use third-party payment providers () to collect payments for eBooks. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. As at the date these terms were last updated, Eleturien’s Payment Providers are Stripe and PayPal.
    • PRICING ERRORS
      • In the event that we discover an error or inaccuracy in the price for an eBook, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the eBook at the correct price, or cancelling your Order, however you may only cancel your Order if we have not already provided you with a password and a download link to access the eBook. If you cancel your Order in accordance with this clause and payment has already been debited, the full amount will be credited back to your original method of payment.
  • REFUNDS
    • We will assess any requests for refunds and determine whether a refund will be offered in accordance with our Refund Policy, which you can access here:
    • We may allow you to rate our eBook (Rating) and/or provide feedback to us regarding our eBook and our service (Review) on the Website.
      • You agree:
        • to ensure that any Rating and Review is a true and fair reflection of your opinion regarding an eBook; and
        • to provide true, fair and accurate information in your Review.
      • You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and Review on the Website and any of our social media platforms.
      • We reserve the right to remove or delete any Rating or Review for any reason.
  • ACCESS AND USE OF THE WEBSITE
    • You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
  • YOUR OBLIGATIONS
    • You must not:
      • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Eleturien;
      • use the Website for any purpose other than the purposes of browsing, selecting or buying any of our goods or services (including an eBook);
      • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
      • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
      • use the Website with the assistance of any automated scripting tool or software;
      • act in a way that may diminish or adversely impact the reputation of Eleturien, including by linking to the Website on any other website; and
      • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
        • gaining unauthorised access to Website accounts or data;
        • scanning, probing or testing the Website for security vulnerabilities;
        • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
        • instigate or participate in a denial-of-service attack against the Website.
  • INFORMATION ON THE WEBSITE
    • GENERAL
      • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
        • the Website will be free from errors or defects (or both, as the case may be);
        • the Website will be accessible at all times;
        • messages sent through the Website will be delivered promptly, or delivered at all;
        • information you receive or supply through the Website will be secure or confidential; and
        • any information provided through the Website is accurate or true.
      • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
      • You acknowledge and agree that any information on the Website (including our blog posts and articles) is provided to you as general information only. The information is not adapted to your specific circumstances and it may not meet your specific needs.
    • ARTICLES AND BLOG POSTS
      • The Website may contain published articles and blog posts which contain, amongst other things, general guides and information relating to Western Australia and any of our goods or services (including an eBook).
      • (Results not guaranteed) We cannot guarantee that information within our articles and blog posts will enable you to achieve any particular outcomes or results. You accept the risk that the information in our Website may not meet your specific, circumstances or goals.
    • TRANSLATING FUNCTION
      • The Website may have a function that will allow you to translate texts on the Website. The translations on the Website are by WPML and their terms and conditions.
      • (Translation errors) We cannot guarantee that the translated texts on the Website have been translated accurately or are reliable. The Website may have translation errors and we suggest you speaking to someone who understand English and your native language. By not engaging an interpreter or translator, you accept the risk that the information in our Website may have been mistranslated and may not meet your specific, circumstances or goals.
  • THIRD PARTY TERMS AND CONDITIONS
    • The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply, including the terms & conditions of any third party platforms and tools that we use to sell, watermark, encrypt or deliver eBooks to you. As at the date these terms were last updated, the third party plugin we use to sell, watermark, encrypt and deliver eBooks to you is EBook Store for WordPress.
      • The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Eleturien will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
  • LINKS TO OTHER WEBSITES
    • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
      • Any links to other websites owned and operated by third parties are the owner of the intellectual property. We do not claim ownership of any text, content or images used in any links to third party websites.
      • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website. If you click any links to other websites, you should ensure that you are familiar with that third party website’s terms and conditions and privacy policy. We are not liable or responsible for your compliance with any third party websites. 
  • SECURITY
    • Eleturien does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
  • REPORTING MISUSE
    • If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
    • We retain all intellectual property rights in the eBook, the Website and materials on the Website (Our Content), or those rights are owned by a third party. We reserve all rights in any intellectual property rights owned or licensed by us not expressly granted to you.
    • Any intellectual property rights in third party material displayed on the Website, such as third party logos, are displayed with permission from that third party.
    • You must not attempt to copy, reproduce, adapt, distribute, sell modify, publish or otherwise commercialise Our Content.
    • In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  • LIABILITY AND INDEMNITY
    • LIMITATION OF LIABILITY
      • To the maximum extent permitted by applicable law, we completely exclude any liability or where liability cannot be excluded, we limit our aggregate liability to $100 to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any goods or services (including an eBook) provided by us.
      • All express or implied representations and warranties in relation to any goods or services we provide are, to the maximum extent permitted by applicable law, excluded.
      • Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    • INDEMNITY
      • You indemnify Eleturien and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
        • breach of any of these terms;
        • use of the Website; or
        • use of any goods or services (including an eBook) provided by Eleturien.
    • CONSEQUENTIAL LOSS
      • To the maximum extent permitted by law, under no circumstances will Eleturien be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any goods or services (including an eBook) provided by Eleturien (except to the extent this liability cannot be excluded under the (Cth)).
  • GENERAL
    • GOVERNING LAW AND JURISDICTION
      • This agreement is governed by the law applying in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
    • WAIVER
      • No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
    • SEVERANCE
      • Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
    • JOINT AND SEVERAL LIABILITY
      • An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
    • ASSIGNMENT
      • A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
    • COSTS
      • Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
    • ENTIRE AGREEMENT
      • This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
    • INTERPRETATION
      • (singular and plural) words in the singular includes the plural (and vice versa);
      • (currency) a reference to $, or “dollar”, is to Australian currency;
      • (gender) words indicating a gender includes the corresponding words of any other gender;
      • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
      • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
      • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      • (includes) the word “includes” and similar words in any form is not a word of limitation; and
      • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
  • NOTICES
    • A notice or other communication to a party under this agreement must be:
      • in writing and in English; and
      • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
      • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
        • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
        • when replied to by the other party, whichever is earlier.
  • Last updated on 3 September 2021