Effective Date: 2024
Welcome to www.waffl.com.au (Site).
This Site is owned and operated by WAFFL and 63 582 101 197 trading as WAFFL (referred to in these terms as “Waffl”, “we”, “us”, and “our”). Please take the time to read the terms of use that apply to your use and enjoyment of our Site and the content made available to you via our Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”).
CONSENT TO SITE TERMS
By accessing and using our Site, our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you are taken to accept our Terms.
NO MINORS
By using the Site or accessing or purchasing any products or services, 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.
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 our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Terms, you should not use our Site.
Your continued use of our 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. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before proceeding with any purchase or booking.
INTELLECTUAL PROPERTY
Our Site, products and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.
No Commercial Use
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, products, services, Content, Intellectual Property or 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, services, and Content, without refund, if you are found to be violating these Terms.
Limited Licence
Where you download or purchase our Digital Products (including checklists, guides, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.
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, 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 and appropriate for you.
PRIVACY
These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here www.waffl.com.au. By using our Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.
CREATING AN ACCOUNT
To place orders and access some features of the Site, you may need to register an account. This means you will 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 setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain 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.
DIGITAL PRODUCTS
Where you download or purchase our Digital Products, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.
After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.
Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.
REFUNDS FOR DIGITAL PRODUCTS
Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.
We reserve the right at any time to modify or discontinue the product or service 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 the product or service.
We may from time to time provide discounted products and/or services. 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 the option to pay for our products and/or services by credit card or such other method of payment as indicated on our Site. You acknowledge and agree to make timely and full payments to us for the products and/or services 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 our products or services.
CANCELLATIONS
We reserve the right to postpone or cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by us and not rescheduled, we will refund the fees paid for the cancelled portion of the Services.
Should you need to cancel any part of our services for any reason, or you wish to reschedule the services, but we are unavailable on the new date, you acknowledge that you will be liable for an additional fee.
When you cancel the Services, you must notify us via our nominated email address 14 days prior to Your scheduled appointment. If at least 14 days’ written notice is not provided, you will not be entitled to a refund and may incur a cancellation fee. You may also be unable to reschedule the Services.
If you have cancelled the Services and provided the requisite notice, you can either suspend the Services for a maximum of 3 months; or obtain a refund on the Services that are yet to be used, which may incur a Cancellation Fee.
You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the services, including to the extent that this means the services may not proceed.
Where a Force Majeure event necessitates that any part of our services be cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result.
REFUNDS FOR SERVICES
You will only be entitled to a refund at our sole discretion or where we determine that we are unable to perform the services for any reason. You acknowledge that you do not obtain the right to a refund where you have changed your mind, or you insist on our services being performed in a way that is against our advice.
Where you have paid a deposit for our services, you acknowledge that this payment is non-refundable and non-transferable regardless of whether the services go ahead.
Refunds in lieu of money (such as credit for other services) may be offered to you at our sole discretion.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. 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 such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, 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 contains content, including digital products, blog articles, and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be legal or medical practitioners, financial advisors or any other 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 and/or services.
Where our products, services, programs or courses incorporate activities/treatments/procedures that may affect your health, you warrant that you are fit to participate and have sought the advice of a medical practitioner accordingly, particularly if you have pre-existing health conditions.
We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes or other information appearing on our Site does not constitute or imply our endorsement, sponsorship or recommendation in any way.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and 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 or comments, you:
- warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (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;
- waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;
- warrant that any content provided does not violate these Terms; and
- warrant that you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains:
- libellous or otherwise unlawful, abusive or obscene material;
- personal attacks on our employees or another contributor;
- material that discloses your personal information; or
- Information that is unrelated to the post or content that you have reviewed or commented on.
Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.
COMPETITIONS
We may from time to time run competitions through our 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.
TESTIMONIALS
On our Site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances, use the 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;
- to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site;
- to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
- to infringe upon any other person's proprietary rights;
- to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- to attempt to affect the performance or functionality of any computer facilities of or accessed through our 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 our products or services 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 or services, 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 our 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.
ADDITIONAL TERMS
Where you elect to enter into a one-on-one arrangement with us, we will issue you with a Services Agreement (Additional Terms) that incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated:
a. where you breach any provision of these Terms; or
b. 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 the Site.
SEVERABILITY
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. The remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue our 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.
ASSIGNMENT
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms (together with our Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Site and your use of our Site.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of Victoria, 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 and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
Effective Date: 2024
Welcome to www.waffl.com.au (Site).
This Site is owned and operated by WAFFL and 63 582 101 197 trading as WAFFL (referred to in these terms as “Waffl”, “we”, “us”, and “our”). Please take the time to read the terms of use that apply to your use and enjoyment of our Site and the content made available to you via our Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”).
CONSENT TO SITE TERMS
By accessing and using our Site, our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you are taken to accept our Terms.
NO MINORS
By using the Site or accessing or purchasing any products or services, 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.
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 our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Terms, you should not use our Site.
Your continued use of our 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. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before proceeding with any purchase or booking.
INTELLECTUAL PROPERTY
Our Site, products and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.
No Commercial Use
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, products, services, Content, Intellectual Property or 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, services, and Content, without refund, if you are found to be violating these Terms.
Limited Licence
Where you download or purchase our Digital Products (including checklists, guides, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.
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, 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 and appropriate for you.
PRIVACY
These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here www.waffl.com.au. By using our Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.
CREATING AN ACCOUNT
To place orders and access some features of the Site, you may need to register an account. This means you will 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 setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain 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.
DIGITAL PRODUCTS
Where you download or purchase our Digital Products, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.
After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.
Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.
REFUNDS FOR DIGITAL PRODUCTS
Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.
We reserve the right at any time to modify or discontinue the product or service 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 the product or service.
We may from time to time provide discounted products and/or services. 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 the option to pay for our products and/or services by credit card or such other method of payment as indicated on our Site. You acknowledge and agree to make timely and full payments to us for the products and/or services 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 our products or services.
CANCELLATIONS
We reserve the right to postpone or cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by us and not rescheduled, we will refund the fees paid for the cancelled portion of the Services.
Should you need to cancel any part of our services for any reason, or you wish to reschedule the services, but we are unavailable on the new date, you acknowledge that you will be liable for an additional fee.
When you cancel the Services, you must notify us via our nominated email address 14 days prior to Your scheduled appointment. If at least 14 days’ written notice is not provided, you will not be entitled to a refund and may incur a cancellation fee. You may also be unable to reschedule the Services.
If you have cancelled the Services and provided the requisite notice, you can either suspend the Services for a maximum of 3 months; or obtain a refund on the Services that are yet to be used, which may incur a Cancellation Fee.
You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the services, including to the extent that this means the services may not proceed.
Where a Force Majeure event necessitates that any part of our services be cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result.
REFUNDS FOR SERVICES
You will only be entitled to a refund at our sole discretion or where we determine that we are unable to perform the services for any reason. You acknowledge that you do not obtain the right to a refund where you have changed your mind, or you insist on our services being performed in a way that is against our advice.
Where you have paid a deposit for our services, you acknowledge that this payment is non-refundable and non-transferable regardless of whether the services go ahead.
Refunds in lieu of money (such as credit for other services) may be offered to you at our sole discretion.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. 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 such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, 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 contains content, including digital products, blog articles, and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be legal or medical practitioners, financial advisors or any other 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 and/or services.
Where our products, services, programs or courses incorporate activities/treatments/procedures that may affect your health, you warrant that you are fit to participate and have sought the advice of a medical practitioner accordingly, particularly if you have pre-existing health conditions.
We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes or other information appearing on our Site does not constitute or imply our endorsement, sponsorship or recommendation in any way.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and 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 or comments, you:
- warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (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;
- waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;
- warrant that any content provided does not violate these Terms; and
- warrant that you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains:
- libellous or otherwise unlawful, abusive or obscene material;
- personal attacks on our employees or another contributor;
- material that discloses your personal information; or
- Information that is unrelated to the post or content that you have reviewed or commented on.
Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.
COMPETITIONS
We may from time to time run competitions through our 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.
TESTIMONIALS
On our Site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances, use the 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;
- to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site;
- to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
- to infringe upon any other person's proprietary rights;
- to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- to attempt to affect the performance or functionality of any computer facilities of or accessed through our 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 our products or services 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 or services, 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 our 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.
ADDITIONAL TERMS
Where you elect to enter into a one-on-one arrangement with us, we will issue you with a Services Agreement (Additional Terms) that incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated:
a. where you breach any provision of these Terms; or
b. 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 the Site.
SEVERABILITY
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. The remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue our 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.
ASSIGNMENT
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms (together with our Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Site and your use of our Site.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of Victoria, 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 and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
Terms & Conditions
Privacy Policy
Effective Date: 2024
Your Privacy and WAFFL (ABN 63 582 101 197) (collectively and individually referred to as “WAFFL“, “we”, “us” or “our”).
WHO WE ARE AND HOW YOU CAN CONTACT US
We are WAFFL and we are based in Victoria, Australia. We are committed to protecting your privacy and respecting and upholding your rights when you use this Site. This Privacy Policy applies to the products and/or services we provide on our Site www.waffl.com.au (“Site”) and our social media channels, and explains how we collect, hold, use and disclose data and comply with the requirements of the Privacy Act 1988 (Cth) and constitutes part of our Website Terms & Conditions. This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Instagram, Facebook, Pinterest, Twitter, or YouTube, that information is governed by the privacy policies on those websites, and is not governed by this Privacy Policy.
You can contact us for privacy-related questions by completing this form content@waffl.com.au
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
If you are a customer, subscriber or just a visitor on our Site, this Privacy Policy will apply to you.
OUR RESPONSIBILITIES
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.
YOUR RESPONSIBILITIES
Please read this Privacy Policy and our Website Terms & Conditions. If you provide us with any data relating to a third party, you confirm that you have the right to authorise us to process that data on your behalf in accordance with this Privacy Policy.
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 which 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 legal obligations
- With your explicit consent
- Within our business, limited to employees and trusted service providers who have a legitimate interest to access your data in order to provider our products and/or services
- 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 who are necessary to enable us to provide our products and/or services to you, subject to appropriate confidentiality and data protection agreements
GOOGLE ANALYTICS
We use Google Analytics functions. You can find out how your data is collected here and there are instructions here on how to opt-out of Google Analytics data tracking.
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 based on past visits to our Site. When you log onto our Site, we, with the help of Google Analytics, use your browsing behaviour to connect this with other data that you previously provided to us in accordance with this privacy policy.
META INSIGHTS
We use META Insights to track your interaction with our Facebook page https://www.facebook.com/pages/waffl, this will allow us to track usage and improve the performance of our page. We will use META Analytics to better measure, track and understand customer user experience to enable us to improve our products and services that we offer. You can check out Facebook’s privacy policy here, and if you want to opt out of seeing ads on Facebook based on information we have received, you can control this in your ad preferences here.
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.
MARKETING
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:
- contacting us via email content@waffl.com.au ; or
- unsubscribing within the email if you have previously subscribed to our newsletter.
YOUR RIGHTS
You can exercise your rights at any time by contacting us via email at content@waffl.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.
INACCURATE INFORMATION
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 analyse your data to determine the products and services that are most relevant to you, such as tailoring our emails based on your behaviour. However, we will not use your data for any automated decisions that could significantly impact you without your explicit consent or where required or authorised by Australian law. The primary purpose of using your data is to provide our products and services to you effectively.
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 content@waffl.com.au. 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 retain your data for as long as it is reasonably necessary for the purposes for which it was collected, and as required by Australian law. The specific retention period will depend on your interactions with us. If you have made a purchase, we will keep a record of your purchase for the period necessary to fulfill our invoicing and tax obligations as mandated by Australian tax laws. Once we no longer require your information for the stated purposes, we will securely delete it or anonymise any data that is no longer necessary, in accordance with applicable Australian privacy regulations.
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:
o payment processors such as Stripe, PayPal, Xero, Shopify who may process your payment for any products and services bought from us;
o Social media and analytics such as Facebook, Instagram and Google Adwords for purpose of custom audience generation and the development of targeting criteria;
o Other third parties such as 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.
PAYMENT SECURITY
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
Our Site uses cookies and similar technologies to provide certain functionality to our Site. “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Cookies can also be used to analyse traffic and for advertising and marketing purposes. They do not harm your systems and the HELP function in your browser will tell you how to restrict or block the cookies.
You can turn off cookies by activating the setting in your browser that allows you to do this. You can also delete cookies through your browser settings. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. If you use browser settings to block all cookies, you may not be able to access all or parts of our Site.
WEB BEACONS
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”.
GOVERNING LAW
This Privacy Policy and your use of this Site is governed in all respects by the laws of Australia.
UPDATES TO OUR PRIVACY POLICY
Please make sure to check in on our Privacy Policy periodically, as we may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. We will always ensure that the current date of the Privacy Policy also known as the “Effective Date” is prominently displayed at the very top of this Privacy Policy, so you know it's the latest version.
Thank you! Someone from the Waffl team will get back to you as soon as they take off their apron & finish munching down delicious creations.