ActsIntuitively Australia Ltd provides Goods and Services which requires facilities for Payment of those services and donations.
The following outline and links provide a clear explanation of the Terms and Conditions that apply to the provision of these in addition to any others provided.
We endeavour to keep the Terms and Conditions as current as possible however they may be updated without notice.
If the need arises we may contact existing customers directly before updating this page.
This statement was last updated on: 22nd July 2020
Note: Non-Solicitation and Publicity Terms and Conditions apply to Agreements and are available in the PDF versions of the Standard Terms and Conditions.
"ActsIntuitively Australia", "we" or "our" means ActsIntuitively Australia Limited Trading As ActsIntuitively Australia under the ABN: 90 635 643 695 and ACN: 635 643 695.
"Agreement" means any agreement between ActsIntuitively Australia and the Customer/Client in regards to ActsIntuitively Australia Terms and Conditions and any Statement of Work, written proposal, order or otherwise written agreement executed as a part of and in connection to the Goods and/or Services specified herein.
"Confidential Information" means any information relating to the business or financial affairs of a party or any trade secret, technical knowledge, concepts, ideas, designs, programs, processes, procedures, innovations, databases, customer lists or information, sales plans, marketing plans, research, software, records, intellectual property or other information concerning a party.
"Customer", "Client", "you" or "your" means the person accessing ActsIntuitively Australia websites, web content, web applications and/or a party who is purchasing Goods and/or Services from ActsIntuitively Australia, either directly or through a third-party provider.
"Deliverable" means any end product, software, equipment, material, solution, report or document, agreed to be delivered by ActsIntuitively Australia to the Customer in the performance of a Statement of Work, proposal, written agreement, and specifically referred to as a Deliverable in the applicable document.
"Fees" means the fees or the amount payable by the Customer for the Goods and/or Services as specified in any relevant purchase order, Statement of Work, proposal or written agreement, and as indicated in ActsIntuitively Australia's Term and Conditions below or as supplied.
"Goods" means the products described in any online or website based store/shop, purchase order, Statement of Work, written proposal or written agreement.
"GST" means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended and applies within Australia (GST Act or any replacement or any other relevant legislation and regulations).
"Payment" means the compensation required and agreed to by both parties, and outlined on any online or website based store/shop, purchase order, Statement of Work, written proposal or written agreement for a product or as a result of the performance of a service.
"Purchase" or "Purchasing" means the act of buying Goods and/or Services.
"Service" means the delivery or performance of a service described in any online or website based store/shop, purchase order, Statement of Work, written proposal or written agreement.
"Statement of Work" means a document that is agreed to by the parties, that outlines the Goods and/or services to be purchased, timeframe for Goods and/or Services to be delivered or completed, the relevant fees, payment agreement and any additional information that applies.
"Terms and Conditions" means the term and conditions of supply and/or use as set out in this document and any special Terms and Conditions that are supplied by ActsIntuitively Australia in writing to be agreed upon.
If you are under the 18 years of age you cannot place orders with ActsIntuitively Australia. By accepting these Terms and Conditions you acknowledge that you are 18 years of age or over. Any transaction initiated by a minor, must be done so with the written and informed consent both of themselves and of the parents and/or guardians of the minor.
ActsIntuitively Australia takes reasonable steps and care to ensure that the website is secure and free of malicious software. However, ActsIntuitively Australia cannot guarantee that any data or program available for download on its websites, web applications or websites that are linked to that are operated by third parties shall be free of viruses, spyware or other malicious software. You as the user must agree that you assume the risk of any damage to your computer/device or its software as a result of using our websites, web content or web applications.
ActsIntuitively Australia operated websites and web applications contain information from, or hyperlinks to, websites or web content that is operated/hosted by third parties. ActsIntuitively Australia provides such information, content and hyperlinks for your convenience but is not responsible for and does not endorse the content of any such information, content or website.
ActsIntuitively Australia provides websites, web applications and their content on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on them. ActsIntuitively Australia will not be liable in contact, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with our websites, web content and web applications.
Your information must be handled in accordance with the Privacy Act 1988, this is detailed on our Privacy statement page via this link.
To enable ActsIntuitively Australia to perform its obligations the Customer shall:
- Co-operate with ActsIntuitively Australia;
- Provide ActsIntuitively Australia with any information reasonably required;
- Provide ActsIntuitively Australia with access to all required premises, systems, information and resources as applicable to the delivery of the nominated Goods and/or Services. The level of access is at the discretion of the Customer and may affect the ability of ActsIntuitively Australia to provide the Goods and/or Services to the agreed standard;
- Keep ActsIntuitively Australia notified of their correct name and contact information inclusive of postal address, phone and electronic contact information (i.e. email);
- Comply with such other requirements as agreed between the parties verbally, written or otherwise; and
- Comply with all legal and statutory requirements - particularly in regards to data protection, confidentiality and intellectual property.
The Customer warrants that they have the necessary rights to use their payment card (i.e. credit, debit or eftpos card) and that they are fully authorised to use it to pay for Purchases, both immediate and future. The Customer also warrants that this card gives access to the sufficient funds corresponding to the amount of the Goods and/or Services they are Purchasing, both immediate and future. Failing this, ActsIntuitively Australia reserves the right to cancel the Purchase according to the conditions set out.
While ActsIntuitively Australia may provide access to certain general psychological and mental health information, and also may provide messaging functionality to contact the Customer's counsellor, ActsIntuitively Australia cannot and does not provide medical advice. ActsIntuitively Australia advises the Customer to always seek the advice of a physician or other qualified healthcare provider with any questions regarding their personal health or medical conditions. ActsIntuitively Australia encourages the Customer to never disregard, avoid, or delay obtaining medical advice from their doctor or other qualified healthcare provider because of something they have read in information provided by ActsIntuitively Australia. If the Customer has or suspect that they have a medical problem or condition, please contact a qualified healthcare professional immediately.
To the extent advice is provided to the Customer by a counsellor through ActsIntuitively Australia, such advice is based on the Customer personal health information as provided by the Customer and the local standards of care for the Customer's presenting symptoms, based on their use of ActsIntuitively Australia's services. Responses are not provided by ActsIntuitively Australia, but are provided by the Customer's allocated counsellor.
The information or content from ActsIntuitively Australia (other than a direct response from a qualified specialist) is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis, or treatment. The Customer should always talk to a medical professional for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for the Customer. None of the information on the website, web content, web applications or in our physical content represents or warrants that any particular drug or treatment is safe, appropriate, or effective for the Customer.
The Customer's medical care and their mental health care are solely the responsibility of the Customer and their counsellor. All counsellors available through ActsIntuitively Australia are screened and vetted to meet ActsIntuitively Australia’s processes and standards for counselling. However, ActsIntuitively Australia is not responsible for credentialing counsellors, makes no representation regarding the accuracy of counsellors' credentials, and expressly disclaims any liability for fraudulent credentials or claims by counsellors.
ActsIntuitively Australia does not accept any liability for any injury, loss or damage incurred by use of or reliance on information supplied or obtained from ActsIntuitively Australia.
ActsIntuitively Australia shall perform the services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice. ActsIntuitively Australia accepts all responsibility for the condition of any goods available for purchase and shall take reasonable measures to ensure that any materials supplied shall be free of defects at the point of dispatch.
ActsIntuitively Australia sells goods to customers through online or web based shops/stores or through Agreements and only within Australia for physical goods. All orders for Goods are subject to confirmation and acceptance by ActsIntuitively Australia with the Goods remaining the property of ActsIntuitively Australia until full payment is received. All prices are provided in Australian Dollars (AUD) and include GST (Goods and Services Tax) as applicable. If you are purchasing Goods through agreement, ActsIntuitively Australia shall supply Statement of Work, a proposal or a written agreement regarding what shall be supplied before ActsIntuitively Australia requests Payment. ActsIntuitively Australia will do this to ensure that the Customer understands what has been requested from ActsIntuitively Australia, what it will cost and ensure that ActsIntuitively Australia has the least negative impact on the Customer and/or their business.
Whilst we operate within Australia, selected services are available internationally, at ActsIntuitively Australia's discretion. In terms of Services, ActsIntuitively Australia shall supply a Statement of Work, product description, a proposal or a written agreement regarding what shall be supplied for your agreement before ActsIntuitively Australia commences work. ActsIntuitively Australia will do this to ensure that the Customer understands the work ActsIntuitively Australia will be performing, what it will cost and ensure that ActsIntuitively Australia has the least negative impact on the Customer and/or their business.
ActsIntuitively Australia and the customer will work together to develop and agree upon one or more Statement(s) of Work in relation to Services provided under this Agreement before ActsIntuitively Australia commences work.
ActsIntuitively Australia shall:
- Perform the Services in accordance with the applicable Statement of Work, proposal or written agreement;
- Perform the Services with due care, skill and judgement, in a professional manner, and in accordance with the specifications of the Service;
- Take reasonable measures to ensure that suitably qualified and experienced personnel work on the provision of the Services;
- Take reasonable measures or efforts to perform the Services in accordance with the timeframes set out in the relevant Agreement but will not be responsible for delays caused by the Customer or for reasons beyond ActsIntuitively Australia's control; and
- In performing the services, comply with all legal and statutory requirements.
Either party may request a change to an Agreement inclusive of a Statement of Work. No such change is binding upon the parties unless:
(a) The proposal is agreed to by both parties in writing and the Agreement is amended as applicable;
(b) the amount of additional Payment or Fees are agreed to by both parties in writing, if any, payable by the Customer to ActsIntuitively Australia as a result of the change;
(c) the impact on the timeframes and/or the Services is agreed to by both parties in writing, if any, and the Agreement is amended as applicable; and
(d) the amended Agreement is signed (or other form of written consent) by both parties to demonstrate agreement of the change.
All orders for Goods and/or Services placed with ActsIntuitively Australia requires payment in full as per the Terms and Conditions relating to the supply of the Goods or in accordance with the applicable Agreement. The requirement for partial, incremental or full repayment may be varied by ActsIntuitively Australia at its discretion as outlined in the Terms and Conditions or Agreement. Payment in arrears will only be by prior written agreement from ActsIntuitively Australia. Payment can be made by cash, bank transfer (inclusive of through selected payment providers), approved credit / debit cards online, over the phone or in person within the bounds of Australian Law however restrictions on available payment methods will apply to online sale of Goods. ActsIntuitively Australia will issue a record of payment in electronic or paper form to the customer and an administration charge will apply for any further requests for copies. ActsIntuitively Australia reserves the right to modify, update or run sales/promotions/discount offerings on any Goods and/or Services at any time and without notice. ActsIntuitively Australia reserves the right to change the price or Terms and Conditions of any Goods and/or Services at any time. The price committed to at the time of an order or Agreement for any Goods and/or Services shall not be changed and no refund shall be provided for any difference in price should the price decrease afterwards.
Payments may be processed through third party providers for online, over the phone and direct debit payments. The third-party providers are required to complete transactions within a secure environment that is compliant with ActsIntuitively Australia's security standards.
For any amounts outstanding please refer to the "9. Fees And Penalties" section, specifically "Overdue Charges".
The Customer agrees to promptly pay all fees and charges for provided Services (inclusive of counselling), and when paying through the Direct Debit option, they authorise ActsIntuitively Australia to automatically deduct all applicable charges and fees from the nominated payment account(s) the Customer designated in the signed payment agreement. The Customer understands and agrees that they will be responsible for a missed appointment fee equal to $50 for the scheduled services if they do not cancel a scheduled appointment at least 24 hours in advance. The cancellation fee is waiverable or amendable at ActsIntuitively Australia's discretion. The Customer agrees to be responsible for any telephone charges and/or Internet service fees they incur in accessing our Service(s), except where otherwise stated by ActsIntuitively Australia.
Payments for Goods and/or Services excluding online or web based sale of Goods may be processed over the phone or in person at our premises using cash or credit/debit card. Payment in arrears is only available by prior Agreement with ActsIntuitively Australia and only through Direct Debit payments processed through our third-party provider as authorised by a signed payment agreement.
Fees are applicable to the direct debit service, made available through a third-party provider, and it is the responsibility of ActsIntuitively Australia to provide the Customer with the third-party provider's Terms and Conditions that outline applicable fees and charges. It is the responsibility of the Customer to read and understand the Terms and Conditions of the third-party provider prior to signing a payment agreement. The Customer will be clearly informed of all approved payment requests.
ActsIntuitively Australia's online payments are processed through a payment gateway providers, namely Square who is based in Australia and PayPal who is an international provider. Square and PayPal handles the credit card redirection through their infrastructure to allow them to provide the highest level of security. Square and PayPal apply fees and surcharges to payments, however, ActsIntuitively Australia absorbs these when payments are made through the online gateway. ActsIntuitively Australia utilises SSL encryption on ActsIntuitively Australia websites and web applications as standard which provides some level of protection for any activities conducted on the website prior to being redirected.
ActsIntuitively Australia reserves the right to increase Fees and Charges on any selected Good and/or Service, provided there is not a current signed Agreement or Order that states otherwise. Advice and notification will be provided to Customers, who we have contact information for, that are affected by changes in Fees on Services no less than 30 days prior to any intended change to price unless legally required to do so.
ActsIntuitively Australia is committed to providing services to clients to the quality, schedule and integrity expected of our company. ActsIntuitively Australia understands that there may come a time where we fail to meet this expectation and ActsIntuitively Australia are happy to work with the Customer to resolve the issue within 10 business days. Where it is not possible to resolve the issue with a Good and/or Service or within the specified timeframe ActsIntuitively Australia may offer the Customer the option to receive a full or partial refund. A full or partial refund shall only be provided if the issue constitutes a major problem as defined by the ACCC or if deemed appropriate by ActsIntuitively Australia. Please be aware that ActsIntuitively Australia do not offer refunds for donations as it is money provided without condition and they can be placed without identifying information.
ActsIntuitively Australia takes the refund process seriously and any client requesting a refund should submit their request via e-mail to email@example.com. The e-mail should include the invoice number, the service provided, the reason for the requested refund and appropriate contact details. ActsIntuitively Australia shall contact the Customer regarding the requested refund and if there it is agreed to process the refund, this will be carried out within 10 business days. The Customer will be provided with a receipt for the refund via e-mail once the refund transaction has been processed.
Should you wish to inform yourself of your rights with regards to refunds for Goods and/or Services, you may visit the ACCC website via this link.
Fees for Goods and/or Services vary however they are subject to the general Terms and Conditions as outlined below.
ActsIntuitively Australia shall invoice the Customer for Fees in arrears on a monthly basis unless otherwise stated in any Agreement.
The Customer must pay Fees in arrears within 3 months of the date of the relevant invoice unless otherwise stated on the invoice. The maximum payment period is negotiable at ActsIntuitively Australia's discretion.
Any amounts outstanding and not received by ActsIntuitively Australia after the date of repayment is due, as outlined on the relevant invoice or in the signed payment agreement, then without limiting ActsIntuitively Australia's rights or remedies,
(a) will attract interest at the rate of 10%pa calculated daily and charged on a monthly basis to the outstanding account in conjunction with the remaining outstanding balance of the account, or the maximum rate permitted by law, whichever is lower, and/or
(b) ActsIntuitively Australia may suspend any future work on prepayment basis. ActsIntuitively Australia will give the Customer at least 14 days' prior notice that the Customer's account is overdue, before suspending services from ActsIntuitively Australia.
Subscriptions shall only be undertaken under a direct debit arrangement which will require a signed payment agreement prior to commencing any subscription. In the event of a cancellation of a subscription by the Customer during the subscription period, the Customer agrees that no refund shall be due and payable.
ActsIntuitively Australia will not exercise ActsIntuitively Australia's rights under the section "Overdue Charges" above or suspend services if the Customer are disputing the applicable charges reasonably, in good faith and are co-operating diligently to resolve the dispute.
Subject to the foregoing, each party must comply with its respective obligations under any applicable law in relation to Tax.
If you are an international Customer, then you must inform us of this, your country (for tax purposes) and if you are aware of any tax implications for a transaction.
Unless otherwise specified in an Agreement, hourly rates that are outside of our nominated Business Hours/Hours Of Operation shall be charged at one and half times the hourly rate specified.
ActsIntuitively Australia shall normally provide Services within the hours specified on our Contact Us page via this link.
Selected Service offerings do operate outside the nominated hours which are outlined in the Service Description Sheet. Should you require a Service to be delivered outside of these hours then this should form part of an Agreement.
This section determines the Terms and Conditions relating to an Agreement being terminated by either party.
Either party may terminate an Agreement immediately by written notice to the other party if the other party breaches any provision of a signed Agreement, and the breach has not been remedied within 20 business days after written notice of the breach has been provided to the offending party.
Either party may terminate an Agreement immediately by written notice to the other party if the other party:
(a) fails to make a payment within the time period specified under the Agreement;
(b) becomes, threatens or resolves to become Insolvent; or
(c) ceases or threatens to cease conducting business in the normal manner.
Either party may terminate an Agreement by providing 30 days advance written notice to the other party and in the case of Customer, paying in full all amounts due and owing hereunder, without liability to pay any Termination Fee, except where the Agreement specifies such a Fee.
Upon termination of an Agreement, the Customer shall pay to ActsIntuitively Australia any outstanding amounts (either billed or accrued) which are payable to ActsIntuitively Australia as of the date of termination.
Upon termination of an Agreement, each party must return, or destroy, at the other party’s option, all copies of documentation and information relating to the other party’s business (in whatever form it is held including but not limited to written, graphic or electromagnetic form) in that party’s possession or control. Such information includes, without limitation, any Confidential Information and any records relating to a party’s Intellectual Property, excepting when the law states otherwise.
Termination of an Agreement will not prejudice any rights or any claim that either party may have accrued against the other party up to the date of termination including, without limitation, any claim for damages as a result of the occurrence of an event which gives rise to a right of termination.
Donations are used to fund listed initiatives, start-ups and projects on our blog marked with the "Active" tag. If there aren't any initiatives, start-ups or projects listed the donations will be channelled towards future active donation recipients. In the future we hope to be able to offer benefits to those have donated more than AUD$20 which we expect to include discounts or preferential services. To claim benefits, you must be able to produce a copy of your emailed receipt as proof of contribution.
Each party acknowledges that in the course of their association with each other they will have access to Confidential Information. Confidentiality is a means of providing the Customer with safety and privacy and in some cases protects the Customer's autonomy. Any Agreement will include the level and limits of the confidentiality offered. This Agreement can be reviewed and changed by negotiation between ActsIntuitively Australia and the Customer. Terms and Conditions associated with confidentiality with regards to Agreements shall continue after the Customer's death unless there are overriding legal or ethical considerations. In cases where the Customer's safety is in jeopardy any confidentially agreements that may interfere with this safety are to be considered void (see "Exceptional Circumstances"). Confidentiality extends to Customer's records which ActsIntuitively Australia will keep securely, whether they are maintained as hard copy or by digital processes. ActsIntuitively Australia will take reasonable steps to inform the Customer of any limitations of confidentiality that arise.
Exceptional circumstances may arise which gives ActsIntuitively Australia good grounds for believing that serious harm may occur to the Customer or to other people. In such circumstance the Customer's consent to change in the Agreement about confidentiality should be sought whenever possible unless there are also good grounds for believing the Customer is no longer willing or able to take responsibility for their actions. Normally, the decision to break confidentiality would be discussed with the Customer, unless circumstances prevent this. Any disclosure of confidential information should be restricted to relevant information, conveyed only to appropriate people and for appropriate reasons likely to alleviate the exceptional circumstances. The ethical considerations would include achieving a balance between acting in the best interests of the Customer and the ActsIntuitively Australia's responsibilities under the law and to the wider community. ActsIntuitively Australia will take reasonable steps to ensure the Customer is aware, understands and agrees to the conditions in which confidentiality will be broken.
Each party will, and will procure that their respective employees and contractors; treat all Confidential Information as confidential, not use such Confidential Information except as:
(a) permitted hereunder, and not make public or disclose to any other person that Confidential Information without the prior written consent of the disclosing party;
(b) prevent third parties from gaining access to Confidential Information who are not expressly authorised to do so; and
(c) is required by law to be disclosed by ActsIntuitively Australia in response to a valid order of a court of competent jurisdiction or authorised government agency, provided that the receiving party cooperates with the disclosing party's efforts to seek a protective order or other appropriate remedy; or
(d) is disclosed by receiving party with the disclosing party's prior written approval.
This Agreement imposes no obligation on ActsIntuitively Australia with respect to Confidential Information which:
(a) was in ActsIntuitively Australia's possession before receipt from the disclosing party; is or becomes a matter of public knowledge through no fault of ActsIntuitively Australia;
(b) is rightfully received by ActsIntuitively Australia from a third party without a duty of confidentiality; is independently developed by ActsIntuitively Australia;
(c) immediately return all of the disclosing party's Confidential Information (including all copies) upon written request of the disclosing party, excepting when the law states otherwise.
Each party's obligations under the "14. Confidentiality And Confidential Information" section shall survive the termination of any Agreement regardless of the reason.
All intellectual property rights in Goods, products, software, documents and materials generated by ActsIntuitively Australia in connection with the engagement of ActsIntuitively Australia shall be owned by ActsIntuitively Australia. If any Good or Product includes software or other intellectual property, such software or other intellectual property provided by ActsIntuitively Australia to the Customer is subject to the copyright and user license, if any, for such Products, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. The Customer acknowledges and understands that any Products ordered or to supplied to the Customer, by ActsIntuitively Australia from a third-party provider constitutes that ActsIntuitively Australia is not liable to Customer or any third party for any copyright, design or patent issue, right or claim that may arise in relation to any Product.
Our disclosure, Terms and Conditions relating to copyright can be found on our Copyright page via this link.
If you are in the business of creating similar documents, Goods and/or Services for the purpose of providing them for a Fee or in exchange for any other form of commercial exchange to users, whether they be business users or domestic users, then you are a competitor of ActsIntuitively Australia. ActsIntuitively Australia expressly excludes and does not permit you to use or access our websites or web applications (directly or indirectly), to download or duplicate any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then ActsIntuitively Australia will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. ActsIntuitively Australia reserves the right to exclude and deny any person access to our websites/web applications, services or information at our sole discretion.
The services and deliverables are provided "as is" and with all faults. In particular, ActsIntuitivley does not represent or warrant that the services or deliverables will meet the Customer's requirements or will be uninterrupted, timely, secure or error-free. To the maximum extent permitted by law, ActsIntuitivley disclaims any and all warranties or conditions of any kind, whether express, implied or statutory, including, but not limited to, warranties or conditions of merchantability and fitness for a particular purpose. If and to the extent any warranties or conditions cannot be excluded, restricted or modified, ActsIntuitivley's sole and exclusive liability and the Customer's sole and exclusive remedy in respect of any claim under such warranty or condition shall be, at the option of ActsIntuitivley, supplying the services again or refunding to the customer all amounts paid by the Customer for the affected service or deliverable.
Nothing in these Terms and Conditions shall exclude or limit the liability of ActsIntuitively Australia for death or personal injury. However, ActsIntuitively Australia shall not be liable for any direct loss or damage suffered by the Customer howsoever caused as a result of negligence, breach of contract or otherwise in excess of the price of the Goods and/or Services.
ActsIntuitively Australia shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
ActsIntuitively Australia does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information.
To the maximum extent permitted by law, under no circumstances will ActsIntuitivley be liable to the Customer on account of any claim (whether based in contract, negligence or other tort, breach of any statutory duty or otherwise) for any special, consequential, indirect, incidental or exemplary damages, or for any loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss of or interruption to the Customer or the Customer's business, or for any damages or sums paid by the Customer to third parties, even if ActsIntuitivley has been advised of the possibility of such damages. In the event of any breach by ActsIntuitivley of this agreement that results in direct damages ActsIntuitivley's liability for such damages shall not exceed the total amount paid by the Customer to ActsIntuitivley hereunder.
ActsIntuitively Australia shall have no liability to the Customer if we are prevented from or delayed in performing our obligations under any Agreement or from carrying on our business by acts, events, omissions or accidents beyond ActsIntuitively Australia's reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of or the workforce of a supplier or any third party), failure of a utility service or transport network, act of God, inclement weather war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
Failure of either party to insist upon strict performance of any provision of Terms and Conditions, any Agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under Terms and Conditions or any Agreement. No waiver of any of the provisions of Terms and Conditions or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.
ActsIntuitively Australia provides Goods, Services and hosts/operates its websites, content and web applications from within Australia, specifically Western Australia. The laws of Western Australia govern these Terms and Conditions, and you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia. You agree to be responsible for compliance with applicable local laws if you purchase or access our goods, services, websites, content or web applications outside of Australia.
We encourage you to contact us at firstname.lastname@example.org if you have any questions concerning our Terms and Conditions. Please note, you should not include credit card information or other sensitive personal information in your email correspondence with us.