TERMS OF USE

UPDATED: March 16, 2023

No. 01

// Introduction

The following Terms of Use are entered into by and between You and Sabine Biesenberger dba Souldriven Solopreneur (sds.) (“Business”, “we”, “us” or “our”). 

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of souldrivensolopreneur.com / circle.souldrivensolopreneur.com, including any content, resources, functionality and services offered on or through souldrivensolopreneur.com / circle.souldrivensolopreneur.com (the “Website”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website. By using the Website or clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, Our DISCLAIMER and our Privacy & Cookie Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, including the agreements incorporated by reference herein, you must not access or use the Website. 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Business and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

No. 02

Your use of the Website is also subject to the Business’s Privacy & Cookie Policy. Please review our Privacy & Cookie Policy, which also governs the Website and informs users of our data handling practices and cookie management. Your agreement to the Privacy & Cookie Policy is hereby incorporated into these Terms of Use.

No. 03

// Disclaimer

Your use of the Website is also subject to the Business’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

No. 04

// Accessing the Website & Account Security

We reserve the right to withdraw or amend this Website and any content, resources, functionality or services we provide on the Website in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website to users, including registered users.

To access the Website or some of the content, resources, functionality or services it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from or through the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to through the use of any interactive features on the Website, is governed by our Privacy & Cookie Policy, and you consent to all actions we take with respect to your information consistent with our Privacy & Cookie Policy.

If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorised access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

No. 05

// Prohibited Use & Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download on or through the Website (which includes any resources where we provided you with special download link) strictly in accordance with these Terms of Use. 

As a condition of your use of the Website, you warrant to the Business that you will not use the Website or any of the resources available for download on or through the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website or any of the resources available for download on or through the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for on or through the Website.

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Business or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download on or through the Website. 

The Business’s content is not for resale. Your use of the Website or any of the resources available for download on or through the Website does not entitle you to make any unauthorised use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Business and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Business or our licensors except as expressly authorised by these Terms of Use.

The business name, the business logo, the business slogan and all related names, logos, product, program and service names, designs and slogans are trademarks of the Business or its affiliates or licensors. You must not use such marks without the prior written permission of the Business. All other names, logos, product, program and service names, designs and slogans on this Website are the trademarks of their respective owners.

Digital Millennium Copyright Act

We respect others’ copyright and intellectual property rights. Our Website follows the safe harbour provisions of 17 U.S. Code § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). If you believe that our Website infringes upon any copyright owned by you and was published without your authorisation, you may provide us with notification of copyright infringements.

In order for us to respond, you (or an authorised agent who acts on your behalf) must provide us written notice in a form that substantively complies with the safe harbour provisions of the DMCA. Your notice of claimed infringement must be a submitted to policies@souldrivensolopreneur.com.

If you do not provide a written notice that complies with the safe harbour provisions of the DMCA, we will not honour your request and are not required by law to do so.

No. 06

// For Educational and Informational Purposes Only

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download on or through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download on or through this Website is not intended as and shall not be understood or construed as legal, financial, tax, medical, health or any other professional advice. 

No. 07

// Accuracy & Personal Responsibility

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download on or through the Website are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Business nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use or non-use of the information available on this Website or the resources available for download on or through this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any strategies, plans or processes suggested or recommended on this Website.

No. 08

As set forth more fully in the Disclaimer, you agree that the Business has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Business provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation and innumerable other circumstances beyond the control and/or knowledge of the Business.

You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Business or otherwise - applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

No. 09

// Communications

There are various places on this Website that provide you with the ability to send an electronic communication to the Business. Any such email/text or other electronic communication, however, does not create a business relationship or any contractual relationship.

As set forth more fully in our Privacy & Cookie Policy, we will take reasonable steps to ensure that any communications remain confidential. Still, we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

You consent to accept and receive communications from us, including email, text messages, calls and push notifications to the mobile phone number you provided to us and disclosures/notices via our Website or a designated website, when you browse our Website, register for information and/or sign up for resources available for download on or through the Website or when you purchase a product, program or service via our Website. The before mentioned consent includes any later updates of your contact information associated with your registration/purchase. Such communications may include, without limitation, requests for secondary authentication, agreements, notices, disclosures, receipts, reminders and notifications regarding updates to your registration/purchase as well as support communications and marketing or promotional communications. Call and text message communications may be generated by automatic telephone dialling systems. Standard message/call and data rates applied by your mobile phone carrier may apply to the text messages we send you or calls you receive from us.

As set forth more fully in the Privacy & Cookie Policy, you may opt out of receiving marketing or promotional email communications we send to you by following the unsubscribe options in such emails. You may opt out of any marketing or promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may opt out of text messages from us (other than certain transactional messages that we are required to send you and/or you explicitly agreed to receive, including, but not limited to, reminders and notifications) at any time by texting STOP in response to any such text message. You do not have to continue to consent to receive promotional texts or calls in order to use our Website. However, you acknowledge that opting out of receiving communications may impact your use of the Website.

You agree to our E-Sign Consent (as defined in CLAUSE "17. E-SIGN CONSENT" OF THESE TERMS OF USE) as we may provide communications required by law and other information about your registration/purchase to you electronically.

If the communications include any material change to your existing rights and obligations or the Terms of Use, we will alert you by email.

No. 10

// Use of Communications Services

The Website (including any associated services as well as business-related platforms) may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

The Business has no obligation to monitor the Communication Services. However, the Business reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Business reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Business reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Business’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Business does not control or endorse the content, messages or information found in any Communication Service. Therefore, the Business specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, editors and hosts are not authorised Business spokespersons, and their views do not necessarily reflect those of the Business.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

No. 11

The Business does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Business, our affiliated companies and necessary sub-licensees permission to use your Submission in Business with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Business is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Business’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

No. 12

// Links to Third-Party Resources

Our Website may include links to third-party websites, platforms and other services/applications (“Linked Websites”). The Linked Websites are not under the control of the Business, and the Business is not responsible for the contents of any Linked Website, including, without limitation, any link contained in a Linked Website or any changes or updates to a Linked Website. The Business is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Business of the Website or any association with its operators.

Certain services made available via the Website are delivered by third-party websites and companies. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that the Business may share such information and data with any third party with whom the Business has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users/clients.

No. 13

The Business provides various templates and/or forms for download and/or sale on or through this Website. The Business grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. 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, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorised use. 

By ordering or downloading templates and/or forms, you agree that the templates and/or forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Business.

No. 14

The Business, from time-to-time, provides various products, trainings, courses, seminars, presentations, events and associated material for sale on this Website. The Business grants you a limited, personal, non-exclusive, non-transferable license to use our products, trainings, courses, seminars, presentations, events and associated material (collectively the “Programs”) for your own personal or internal business use. 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, enhance or in any way exploit any of the Programs in any manner. 

By ordering or participating in Programs, you agree that the Programs you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Business.

By ordering or participating in Programs, you further agree that you shall not create any derivative work based upon the Programs, and you shall not offer any competing products, programs or services based upon any information contained in the Programs.

No. 15

// Use of Free Downloadable Content

The Business provides various resources on this Website, which users may access by providing an email address. The Business grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. 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, enhance or in any way exploit any of the Freemium Content in any manner. 

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Business.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content, and you shall not offer any competing products, programs or services based upon any information contained in the Freemium Content.

No. 16

// Guest

The Business may, from time to time, provide information from a third party in the form of a video/audio/written guest interview or other media. The Business does not control the information provided by such third-party guests. The Business is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any platform/medium offered by the Business agree to transfer all intellectual property rights they may have in any such interviews to the Business and further provide a license to any rights they are unable to assign. 

No. 17

// E-Sign Consent

During the registration/purchase process, you are required to click a button in order to submit a form (and, where applicable, tick a checkbox) which signifies that you are agreeing to these Terms of Use. By taking this action (here: submitting the form by clicking the button), you consent and agree that:

No. 18

// Purchase, Payment and Refund Policy

If you decide to purchase a product, program or service via our Website, the process will be as follows:

Important Note: You must provide current, complete and accurate billing and payment information at all times and keep us updated on any changes. We recommend that you make a copy of the checkout page and the applicable purchase terms for your records as we will not be filing a copy, and we may change the checkout pages and/or purchase terms occasionally. From time to time, our products, programs or services may increase in price or go on sale. These terms apply to all future prices.

After you completed the purchase, we will send you two (2) emails: the first one will be an automated payment receipt, and the second one will contain detailed next steps on how to access/use the purchased product, program or service. (Invoices are automatically generated and can be requested at any time by emailing us.) If you have made an error in your purchase at any stage, please use the email address provided in one of the two emails mentioned above to correct any errors.

The total purchase price payable as set out on the checkout page is in USD (if not otherwise indicated on the checkout page) and, if applicable, inclusive of Value Added Tax (and any other applicable taxes or duties).

You may choose to pay by instalments or in one lump sum (where both options have been made available to you), and the total purchase price payable shall depend upon which option you have chosen and shall be as set out on the checkout page.

If you choose to pay in instalments, the first instalment is payable on registration for the product, program or service as set out on the checkout page. You will then be automatically charged for the remaining instalments for the amount and within the timeframe set out on the checkout page until the total purchase price payable has been paid.

To the extent that you provide us with your payment details, we (or our third-party payment processor) shall be authorised to make charges to your credit card, bank account or other approved payment facility you provided during the checkout process for any unpaid amounts on their due date. If you choose to pay in instalments, we (or our third-party payment processor) shall be authorised to make all charges at the time they are due and not require separate authorisation in order to do so.

You agree to ensure sufficient funds are available in your nominated account to meet your payment requirements. If any payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without the need for notification at a future date. You agree to pay all costs of collection, including legal fees, on any outstanding balance. 

To the extent that you provide us with your credit card details, you hereby authorise the Business to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card.

You shall not make any chargebacks or cancel the credit card you provided as security to us without prior notice. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact us if your credit card is lost or stolen.

Without prejudice to any other right or remedy that we may have if any sum payable under these terms is not paid on the due date, we reserve the right to suspend your access/use of the product, program or service without notice until payment is made.

We reserve the right to on-sell or otherwise authorise a debt collection or other authorised agency to collect any amount not paid by you. Where we deem it is appropriate, we reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed.

You shall be responsible for all other costs and all other expenses incurred by you in connection with your purchase and access/use of the product, program or service (including, but not limited to, devices, tools, banking/transaction fees, currency exchange rates, call/internet data costs).

Unless otherwise noted in the marketing material at the time of your order, all sales are final, and the Business does not offer any money-back guarantee. You recognise and agree that you shall not be entitled to a refund for any purchase under any circumstances, except to the extent that the purchase terms of a specific product, program or service provide otherwise.

No. 19

// Use of Public Comments and Praise

To preserve the Client’s confidences, the Mentor will not publicly post anything about the Client’s sessions or mentoring experience on social media or otherwise without the Client’s express written permission.

To the extent the Client chooses to make any public disclosures about the mentoring experience, whether through social media or other media, the Mentor may re-share that information. This will include the right to re-share the Client’s comments, praise, or other disclosure on social media and other online platforms. In other words, if you choose to say anything about the mentoring experience publicly, the Mentor has the right to use those public comments to market and promote the Mentor's business.

This will include any necessary licenses to the copyright in your post and the right to use your name, image, or likeness (to the extent they are attached to your post) to promote the Mentor's business.

No. 20

// Warranties

THE Business MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE Business FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, Resources, MATERIALS, DOCUMENTS, Functionalities, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE Business DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

No. 21

// Limitations of Liability

YOU AGREE TO ABSOLVE THE BUSINESS OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE BUSINESS SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, RESOURCES, PRODUCTS, PROGRAMS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE BUSINESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.

THE BUSINESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, RESOURCES, PRODUCTS, PROGRAMS, SERVICES AND RELATED GRAPHICS/ImAGES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, RESOURCES, PRODUCTS, PROGRAMS, SERVICES AND RELATED GRAPHICS/IMAGES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE BUSINESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, RESOURCES, PRODUCTS, PROGRAMS, SERVICES AND RELATED GRAPHICS/IMAGES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BUSINESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, RESOURCES, PRODUCTS, PROGRAMS, SERVICES AND RELATED GRAPHICS/IMAGES OBTAINED ON OR THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BUSINESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

No. 22

// Dispute Resolution

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Business, any and all contracts you enter into with the Business and any and all of the Business’s products, programs and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through the steps as outlined below:

Step 1: informal negotiations -

To expedite resolution and control of the costs of any dispute, controversy or claim related to the Terms of Use (each a “Dispute”; collectively, the “Disputes”) brought by either you or us (individually, a “Party”; collectively, the “Parties”), the Parties agree first to attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least twenty-one (21) days before initiation arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

step 2: binding arbitration -

If the Parties are unable to resolve a Dispute through informal negotiations, you hereby expressly agree to finally and exclusively resolve the Dispute through binding arbitration.

You understand that without this provision, you would have the right to sue in court and have a jury trial.

The arbitration shall be commenced and conducted under the most up-to-date ACICA Arbitration Rules of the Australian Centre for International Commercial Arbitration (the “ACICA”), which are available at the ACICA website (https://acica.org.au/arbitration-rules/).

The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing but does not need to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the applicable ACICA Arbitration Rules or applicable law, the arbitration will take place in Brisbane in Queensland, Australia.

You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Business. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

No. 23

// International Users

The Website is controlled, operated and administered by the Business from our offices within Australia. If you access the Website from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Business’s content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

No. 24

// Indemnification

You agree to indemnify, defend and hold harmless the Business, its staff, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. The Business reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Business in asserting any available defences.

No. 25

// Termination & Access Restrictions

The Business reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the referenced clause 22 above. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

No. 26

You agree that no joint venture, partnership, employment or agency relationship exists between you and the Business as a result of this agreement or use of the Website.

No. 27

// Effect of Headings

The subject of headings of the clauses, sections and paragraphs of the Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

No. 28

// Entire Agreement

Unless otherwise specified herein, this agreement, along with the Privacy & Cookie Policy, constitutes the entire agreement between the user and the Business with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Business with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

No. 29

// Severability & Other Provisions

The Business’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of the Business’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Business with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

These Terms of Use do not limit any rights that we may have under trade secret, copyright, patent or other laws. No waiver of any provision of these Terms of Use will be deemed a further or continuing waiver of such provision or any other provision.

No. 30

// Governing Law

The Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia.

No. 31

// Variations

We may revise and update these Terms of Use from time to time in our sole discretion. The most current version of the Terms of Use will supersede all previous versions. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes as they are binding on you.

No. 32

// Support

If you have any questions regarding these Terms of Use, please send an email to policies@souldrivensolopreneur.com.