ActsIntuitively sells and creates Goods which requires facilities for Payment. The Terms and Conditions outlined on this page relate specifically to the ActsIntuitively Shop.
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.
As this website is a shop cookies are mandatory for the site operation and therefore have been created on your browser. With respect to your privacy the cookies do not contain any session data or personally identifiable information on your machine and are used to allow us to generate a cart as a guest without creating an account.
We endeavour to keep the Terms and Conditions as current as possible however they may be updated without notice.
This statement was last updated on: 8th August 2018
“ActsIntuitively”, “we” or “our” means Keith William Webster Trading as ActsIntuitively under the ABN 41 532 944 083.
“Agreement” means any agreement between ActsIntuitively and the Customer/Client in regards to ActsIntuitively 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 websites, web content, web applications and/or a party who is purchasing Goods and/or Services from ActsIntuitively, 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 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’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 in writing to be agreed upon.
If you are under 18 years of age you cannot place orders with ActsIntuitively. 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 takes reasonable steps and care to ensure that the website is secure and free of malicious software. However, ActsIntuitively 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 operated websites and web applications contain information from, or hyperlinks to, websites or web content that is operated/hosted by third parties. ActsIntuitively 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 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 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 to perform its obligations the Customer shall:
Co-operate with ActsIntuitively;
Provide ActsIntuitively with any information reasonably required;
Provide ActsIntuitively 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 to provide the Goods and/or Services to the agreed standard;
Keep ActsIntuitively notified of their correct name and contact information inclusive of postal address 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 facility or 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 facility or 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 reserves the right to cancel the Purchase according to the conditions set out.
The Customer must confirm and take responsibility for ordering the correct product, format, edition, quantity for the items in their shopping cart and understand that an Order constitutes a request for ActsIntuitively to source these items on the Customer’s behalf.
Please Note: As the ActsIntuitively Shop is an online facility; our primary means of communication with you will be via the email address which you are required to provide with every purchase. ActsIntuitively will not be held responsible for any missed communication due to the email address being incorrect. If you have more than one email address, please check all email accounts before contacting ActsIntuitively.
While ActsIntuitively may provide access to certain general psychological and mental health information, and also may provide messaging functionality to contact the Customer’s counsellor, ActsIntuitively cannot and does not provide medical advice. ActsIntuitively 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 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. 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, 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’s services. Responses are not provided by ActsIntuitively but are provided by the Customer’s allocated counsellor.
The information or content from ActsIntuitively (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 are screened and vetted to meet ActsIntuitively’s processes and standards for counselling. However, ActsIntuitively 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 does not accept any liability for any injury, loss or damage incurred by use of or reliance on information supplied or obtained from ActsIntuitively.
ActsIntuitively 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. Keep in mind that handcrafted goods are more susceptable to defects and depending on the materials used, it may not be possible for ActsIntuitively to deliver goods that do not have defects.
This online or web based shop/store is located at “https://shop.actsintuitively.com.au” and make available Goods of a physical based nature which may require shipping. ActsIntuitively sells goods to customers through online or web based shops/stores or through Agreements. All orders for Goods are subject to confirmation and acceptance by ActsIntuitively with the Goods remaining the property of ActsIntuitively until full payment is received. All prices are provided in Australian Dollars (AUD) and include GST (Goods and Services Tax) as applicable.
ActsIntuitively provides shipping within Australia only originating from Bunbury, Western Australia. Shipping costs are only applied to physical goods purchased from the ActsIntuitively Shop. Shipping is provided by our shipping provider, Australia Post, which will incur charges that are estimated at the checkout and applied as a firm offering. This means that the shipping cost is calculated using information provided by the shipping provider and accounts for fixed, variable, material and all other costs required to ship an item from our nominated source location to the shipping address provided. We in no way guarantee or imply that the amount you pay for shipping is an accurate representation of what ActsIntuitively will actually pay for the shipping with its provider and the amount charged shall be considered final provided that you, the Customer, provide accurate and valid shipping information. The shipping destination must be a valid street address or other address capable of receiving parcels from Australia Post and explicitly excludes PO Boxes as a destination address. Failure by the Customer to provide accurate and valid shipping information may incur additional charges, delays and ActsIntuitively reserves the right to process a refund rather than ship your Goods in the case that this occurs. ActsIntuitively reserves the right to consider accurate and valid shipping information to include any element that the shipping provider requires to complete your order and we take no responsibility or liability for your order after it has been processed with the shipping provider and, when issued by the provider, a tracking number is issued to you. ActsIntuitively relays information provided by the shipping provider and provides no warranty with relation to insurance, signature on delivery, delivery, transportation duration or delays and simply provides the function of packaging and shipping items through our providers service which ends upon notification and, when issued by the provider, supply of an associated tracking number.
ActsIntuitively also reserves the right to have items shipped from an alternate originating location at it’s discretion which shall not result in any additional charges for you, the Customer, but may result in additional shipping duration. This may occur as a result of items being shipped direct from our product supplier or circumstances outside our control.
This online or web based shop/store is located at “https://shop.actsintuitively.com.au” and make available Goods of a physical nature which require shipping or collection.
All orders for Goods placed with ActsIntuitively requires payment in full as per the Terms and Conditions relating to the supply of the Goods. The requirement for partial, incremental or full repayment are not available for purchases made through the ActsIntuitively Shop. Payments through the online shop can be made through the available payment providers or through approved credit / debit cards within the bounds of Australian Law however restrictions on available payment methods will apply to online sale of Goods. ActsIntuitively will issue a record of payment in electronic and / or paper form to the customer and an administration charge will apply for any further requests for copies. ActsIntuitively 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 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 shall be processed through third party providers for online payments. The third-party providers are required to complete transactions within a secure environment that is compliant with ActsIntuitively’s security standards.
If ActsIntuitively is unable to process an order using the Customer’s nominated payment method due to insufficient funds or other errors, then the order will be cancelled.
ActsIntuitively’s online payments are processed through a payment provider, namely Paypal and/or Square. Paypal and Square handle credit card transactions through their infrastructure to allow them to provide the highest level of security. Paypal and Square apply fees and surcharges to payments, however, ActsIntuitively absorbs these costs unless you are explicitly informed otherwise. ActsIntuitively utilises SSL encryption on ActsIntuitively websites and web applications as standard which provides some level of protection for any activities conducted on the website prior to redirections.
All prices on the ActsIntuitively Shop website are for orders placed via our website only. Orders placed by other means will be charged the full RRP price of each title as quoted on the website plus a $10 non-refundable administration fee as the order will need to be hand processed by ActsIntuitively staff. ActsIntuively reserves the right to choose to waive the administration fee on a one of basis for a Customer and exercising this right does not impose any requirement on ActsIntuitively to waive this fee in the future for the same Customer or any other Customer.
ActsIntuitively 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.
ActsIntuitively is committed to providing Goods to clients to the quality expected of our business. ActsIntuitively understands that there may come a time where we fail to meet this expectation and we 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 we 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.
ActsIntuitively takes the refund process seriously and any client requesting a refund should submit their request via e-mail to firstname.lastname@example.org. The e-mail should include any information you have available regarding the Good, generic payment method information (please do not include credit card or account numbers), the reason for the requested refund and appropriate contact details. ActsIntuitively 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.
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.
Your information must be handled in accordance with the Privacy Act 1988, this is detailed on our Privacy statement page via this link.
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 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 will keep securely, whether they are maintained as hard copy or by digital processes. ActsIntuitively will take reasonable steps to inform the Customer of any limitations of confidentiality that arise.
Exceptional circumstances may arise which gives ActsIntuitively 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’s responsibilities under the law and to the wider community. ActsIntuitively 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
© is required by law to be disclosed by ActsIntuitively 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 with respect to Confidential Information which:
(a) was in ActsIntuitively’s possession before receipt from the disclosing party; is or becomes a matter of public knowledge through no fault of ActsIntuitively;
(b) is rightfully received by ActsIntuitively from a third party without a duty of confidentiality; is independently developed by ActsIntuitively;
© 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 in connection with the engagement of ActsIntuitively shall be owned by ActsIntuitively. If any Good or Product includes software or other intellectual property, such software or other intellectual property provided by ActsIntuitively 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 from a third-party provider constitutes that ActsIntuitively 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.
This term applies to any and all websites, web content or web applications that ActsIntuitively owns and operates.
ActsIntuitively owns or is licensed to use all content and other material appearing on or hosted through websites or web applications that it owns and operates. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by ActsIntuitively. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of ActsIntuitively or of the relevant trade mark owner.
If you believe copyright work that is available on this site constitutes copyright infringement or a breach of agreed licence or contract please contact us via e-mail to email@example.com
All material including written content, images, electronic and through any other medium, can only be used in the format for which ActsIntuitively issues them and cannot be used in any other format other than how it has been supplied. Any unauthorised use of the materials contained on this site is prohibited. No part of this work or may be reproduced, stored in a retrieval system, communicated or transmitted in any form by any means without prior permission. Aforementioned means is inclusive of electronic, mechanical, photocopying, recording or otherwise. Where any such copies are considered reasonable and necessary ActsIntuitively will provide written permission unless required for commercial use and such requests would be declined.
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. ActsIntuitively expressly excludes and does not permit you to use or access our websites or web applications (directly or indirectly), to download or duplicate any designs, documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then ActsIntuitively 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 reserves the right to exclude and deny any person access to our websites/web applications, services or information at our sole discretion.
The Goods and/or Services are provided “as is” and with all faults. In particular, ActsIntuitively does not represent or warrant that the Goods and/or 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, ActsIntuitively 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, ActsIntuitively’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 ActsIntuitively, supplying the Goods and/or Services again or refunding to the customer all amounts paid by the Customer for the affected Goods and/or Services.
In addition, the information contained on the ActsIntuitively Shop website may contain technical inaccuracies or typographical errors. All liability of ActsIntuitively Shop howsoever arising for inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Nothing in these Terms and Conditions shall exclude or limit the liability of ActsIntuitively for death or personal injury. However, ActsIntuitively 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 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 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 ActsIntuitively 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 ActsIntuitively has been advised of the possibility of such damages. In the event of any breach by ActsIntuitively of this agreement that results in direct damages ActsIntuitively’s liability for such damages shall not exceed the total amount paid by the Customer to ActsIntuitively hereunder.
ActsIntuitively 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’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 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.