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Terms and Conditions

  • About the Website

    1. Welcome to www.b-spokeco.com (Website). The Website provides you with an opportunity to browse B-Spoke Co’s services (Services) through the Website, and to access and download free content, including its podcast and other social media content (Free Content). 
  • The Website is operated by Anita Dahlenburg t/as B-Spoke Co (abn:58 718 260 085) (B-Spoke Co). Access to and use of the Website, or any of its associated services, are provided by B-Spoke Co. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
  1. B-Spoke Co reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. 

  • Acceptance of the Terms

  • You accept the Terms by remaining on the Website. 
  • Copyright and Intellectual Property Rights
  • Intellectual Property Rights
  1. You agree that any works, items, materials or information of whatever nature produced or developed by B-Spoke Co or under B-Spoke Co’s direction pursuant to or in the course of providing the Services or Product will remain the sole and complete property of B-Spoke Co, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
  2. If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 3.1(a) have been produced by B-Spoke Co as part of the Services or Product, B-Spoke Co grants to you a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
  3. There is no assignment of intellectual property rights by B-Spoke Co to you pursuant to these Terms.
  4. Nothing in these Terms affects the moral rights in any works, items, materials or information supplied pursuant to these Terms.
  • Indemnification

You hereby indemnify and agree to keep indemnified B-Spoke Co against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

  • Warranty 
      1. B-Spoke Co will use her best efforts and take all reasonable steps to support you in working towards achieving your desired results. However, B-Spoke Co makes no warranty that the Services or Free Content will meet your requirements or that all participants will achieve the same results.
      2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel these Terms with B-Spoke Co, and you are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation. 
  • Disclaimer
      1. You are solely responsible for creating and implementing your own career or business, decisions, choices, actions and results arising out of or resulting from the Free Content or Services and your sessions and interactions with B-Spoke Co. As such, you agree that B-Spoke Co is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or career, or for any direct or indirect result of any Free Content or Services provided by B-Spoke Co.
  • Information Disclaimer
      1. Any information, advice, content or documentation provided on the Website, through the Services, through Free Content, on social media accounts, podcast, blog, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only. 
      2. All care is taken in the preparation of the information and published materials on the Website, through the Services, through Free Content, on social media accounts, podcast, blog or on any other related platform. B-Spoke Co does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 
      3. To the extent permissible by law, B-Spoke Co will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation o on the Website, through the Services, through Free Content, on social media accounts, podcast, blog or on any other related platform.

  • Copyright and Intellectual Property

  • You acknowledge that the Website, the Services, the Free Content, B-Spoke Co’s name, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by B-Spoke Co or her affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (Content).
  • You hereby indemnify and agrees to keep indemnified B-Spoke Co against all liability, losses or expenses incurred by B-Spoke Co in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of B-Spoke Co or any third party by you or your agents.
  • You may not, without the prior written permission of B-Spoke Co and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
  • For any Services or Free Content which enables you to use any software, content, equipment or other physical or non-physical materials owned or licensed by B-Spoke Co, B-Spoke Co grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services or Free Content, and any related software, content, equipment or other materials for your specific, non-commercial use only.

  • Privacy

  • B-Spoke Co takes your privacy seriously and any information provided through your use of the Website and/or the Services and products are subject to B-Spoke Co’s Privacy Policy.

  • General Disclaimer

  1. You acknowledge that B-Spoke Co does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services or Free Content other than provided for pursuant to these Terms.
  2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  3. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  2. B-Spoke Co will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  1. Use of the Website and any of the Services or Free Content of B-Spoke Co is at your own risk. Everything on the Website, the Services and the Free Content of B-Spoke Co are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors of B-Spoke Co make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services and the Free Content of B-Spoke Co) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Website or any of its Content related services (including third-party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website or any of the Services or Free Content;
  4. the Content or operation in respect to links that are provided for your convenience;
  5. any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or
  6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

  • User Generated Content

      1. If you choose to contribute any content to the Website or any other platform operated by B-Spoke Co, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

      2. By contributing content to the Website, you grant B-Spoke Co a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by B-Spoke Co.
      3. Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree B-Spoke Co can use that information with Your Content for advertising and promotional purposes, or any other business purpose 
      4. You confirm you own or have the right to use any copyrighted material included in Your Content (including replies to B-Spoke Co social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to B-Spoke Co. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
      5. Please ensure you keep your own copies of Your Content as B-Spoke Co may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
      6. B-Spoke Co will endeavour to provide you with an appropriate credit when using Your Content on B-Spoke Co platforms, though you understand and agree this may not always be possible.
      7. B-Spoke Co reserves the right to remove Your Content at any time. Your Content must not be malicious, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
  • Mailing List Registration 
    1. You may be given the option to register for B-Spoke Co’s Mailing List (Mailing List).
    2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
  1. Email address
  2. Name
  1. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from B-Spoke Co.

  • Limitation of Liability

  1. B-Spoke Co’s total liability arising out of or in connection with the Website, the Services and the Free Content, or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of B-Spoke Co is the resupply of information or the Services to you.
  2. You expressly understand and agree that B-Spoke Co, her affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  3. B-Spoke Co is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website, whether posted or caused by users of the website of B-Spoke Co, by third parties or by any of the Purchase Services offered by B-Spoke Co.

  • Indemnity

  1. You agree to indemnify B-Spoke Co, her affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
  3. any breach of the Terms.

  • Venue and Jurisdiction

  • In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Tasmania, Australia.

  • Governing Law

  • The Terms are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  • Independent Legal Advice

  • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.

  • Severance

  • If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.