Terms & Conditions

About the Website

Welcome to https://oldsite.bigsisterexp.com/  (the ‘Website’).  Please read these terms and conditions carefully.

The Website is operated by Bitz Sisters Pty Ltd (ABN 68 631 205 957) (‘The Big Sister Experience’). All references to The Big Sister Experience on the Website or any of the goods or services that are accessed or sold through the website are references to Bitz Pty Ltd (ABN 68 631 205 957) trading as The Big Sister Experience.  You can contact us on hello@bigsisterexp.com or any of the ways set out on https://oldsite.bigsisterexp.com/contact/

What are these terms?

These Terms set out your rights in relation to the use of this website, your participation in any Online Course, your use of any of our downloadable resources and the purchase of any merchandise.  Please read these terms and conditions carefully before purchasing any online course, downloadable content or merchandise and print off a copy for your records.

You acknowledge that The Big Sister Experience does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.  Products offered by The Big Sister Experience are intended for general education, personal development, and information purposes only.

Nothing on this Website, or any of the content provided to you by us during our provision of the Products, purports to offer psychological, medical, or other professional advice. You should use the Products with caution and always seek professional advice before acting on any information that we provide.

Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

You acknowledge and agree that The Big Sister Experience, its directors, trainers, employees and representatives are not responsible for decisions that you or any young person in your care makes as a consequence of using the Service.

Use of the Website, the Products (including the Delivery Services), is at your own risk.

These terms represent the agreement for the purchase of Products.

You can purchase Products by:

  • making an order at the Checkout; or
  • by contacting us directly to purchase Products for multiple users directly.

When you place an order at the Checkout or give us an order in writing (including by email) you are offering to purchase Products on these terms and conditions.  The Big Sister Experience reserves the right to cancel or decline your order or any part of it at any time until it has been confirmed in accordance with these Terms.

A legally binding agreement for the sale and purchase of the Products comes into existence when The Big Sister Experience has accepted your offer to purchase Products by sending you an email confirming the purchase and payment has been received.

Following acceptance of your offer to purchase Products, you will be issued with a receipt to confirm that the payment has been received and The Big Sister Experience may record your purchase details for future use.  If you require a tax invoice please contact us at hello@bigsisterexp.com and we will be happy to send you one.

Information provided with your order

In order to ensure that we can send the Merch to you or as part of the terms on which we provide access to the Products and Services to you or the young person(s) you have purchased these Products or Services for, you may be required to provide personal information about yourself and/or the person(s) to whom access to the Products or Services will be given (such as identification or contact details), including:

  • The name and age of the young person(s) who is participating in an Online Course
  • The name of the person or entity who is making payment (this may be a parent/guardian or a legal entity, for example: a school)
  • Your email address
  • Your address or the address of a person to whom you ask us to ship Merch;
  • Telephone number
  • Payment information

You warrant that any information you give to The Big Sister Experience in the course of completing the registration process will be accurate, correct and up to date.

All payments made via the Checkout are made using Stripe.  In using the Website, the Products, or when making any payment in relation to your use of the Products, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on Stripe’s website (www.stripe.com).  If any payment is returned or denied, for whatever reason, by your financial institution or is unpaid for any other reason then you are liable for any costs, including banking fees and charges, associated with those charges.

If you are ordering Online Courses, by giving us the names of the young person(s) who will be participating in that Online Course, you are warranting that:

  • You are the parent or guardian of the person who will have access to the Online Course and you consent to the young person’s participation in the Online Course; or
  • You have obtained written consent from a parent or guardian of each of the young people that you are seeking to enrol in an Online Course and that you can provide evidence of that consent to us on request.

Your licence to use Licences Content

On accepting your offer to purchase Products that incorporate Licenced Content, and in consideration of your payment for that Licenced Content, The Big Sister Experience grants you a licence to use the Licenced Content.  The licence granted pursuant to these Terms is limited, revocable, non-exclusive, and nontransferable.  The licence is personal to the person who pays for the Licenced Content or, in the case of Online Courses, the nominated participant (“Sister”) for whom the Online Course has been purchased, and may not be sub-licensed, shared or exchanged with others.  The Licence is subject to the rights and obligations granted under these Terms.

You must not copy, modify, transmit, distribute or in any way exploit the Licensed Content or any other copyrighted materials. Use of the Licenced Content for any other purpose than the purposes for which it is supplied to you is expressly prohibited under these Terms. You must not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Licensed Content or any other copyrighted materials.

Cancellation & Returns Policy

What happens if you change your mind?

If Downloadable Content is delivered to you immediately, you will not have the right to change your mind.

In respect to Online Courses, you may change your mind within fourteen (14) days of purchase, so long as you have not downloaded, streamed or otherwise accessed any course content.   If you do wish to cancel, please contact us via email.

The Big Sister Experience may, at its sole discretion, provide a refund on the return of any Merch within 1] days where the packaging is unopened and/or clothing items are unworn and remain in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

What happens if Products are defective?

The Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Products and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Merch repaired or replaced if it fails to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).

You may make a warranty claim for material defects and workmanship in the Merch within 30 days from the date of purchase (the ‘ Warranty Period’).

In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to The Big Sister Experience showing the date of purchase of the Merch, provide a description of the Merch  and the details of the price paid for the Merch by sending written notice to The Big Sister Experience at Parcel Collect 10156 01050 186-188 Smith Street Collingwood VIC 3066 or by email at hello@bigsisterexp.com

Where the Warranty Claim is accepted then The Big Sister Experience will, at its sole discretion, either repair or replace any defective Merch during the Warranty Period at no charge to you. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

The Warranty shall be the sole and exclusive warranty granted by The Big Sister Experience and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the products to which this warranty relates.

All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

The Warranty does not apply to any appearance of the supplied Merch nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

Special terms relating to Online Courses

The Big Sister Experience distributes and maintains the Online Courses and will also provide you with log in details. We will also manage your access to the Online Courses and provide support to you, where necessary.

The Big Sister Experience will take all commercially reasonable steps to provide you with uninterrupted access to the Online Courses. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time.

You have the sole responsibility for protecting the confidentiality of your own password. If you allow another person to use your password to access the Online Courses we may cancel your rights to access the Online Course.

You must immediately notify The Big Sister Experience of any unauthorised use of your password or email address or any breach of security relating to the use of the Online Course that you become aware of.

Copyright and Intellectual Property

The Website, the Products and all of the related products and services of The Big Sister Experience are subject to copyright.

All material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) as well as Licensed Content and Merch  are owned or controlled for these purposes, and are reserved by The Big Sister Experience or its contributors.

The Big Sister Experience retains all rights, title and interest in and to the Website and all related content. Nothing you do on, or in relation to, the Website or an Online Course will transfer to you:

  • the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of The Big Sister Experience; or
  • the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
  • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of The Big Sister Experience and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way any of the content that is made available without charge on the Website, any Licensed Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are marked as being freely available for re-use or are in the public domain.

Warranties

The Big Sister Experience will make every effort to ensure that Merch is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.  For more information about your rights in respect to Merch see

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to these terms, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
  • The Big Sister Experience will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products or these Terms (including as a result of not being able to use the Product or the late supply of the Product), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

We do not guarantee that any Product will be available indefinitely.

If we discontinue any Licensed Content  we will use commercially reasonable efforts to ensure that it remains available for a reasonable time after the last person to purchase that Licensed Content does so.

Everything on the Website, the Products of The Big Sister Experience, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, or suitable for all circumstances. It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Licensed Content is inhibited due to insufficient system requirements. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Big Sister Experience (including any Delivery Service Provider) make any express or implied representation or warranty about its Content or any Product (including the Online Courses) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website (including third party material and advertisements on the Website) or the Products.
  • costs incurred as a result of you using the Website or any of the Products.
  • Changes to the Licensed Content or operation in respect to links which are provided for the User’s convenience.
  • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Delivery of Merch

You acknowledge that the Merch offered by The Big Sister Experience integrate Delivery Services through the use of Delivery Service Providers.  The Big Sister Experience takes reasonable care in the selection of Delivery Service Providers.

In the event that Merch  is lost or damaged in the course of the Delivery Services, The Big Sister Experience asks that you contact us by sending an email to hello@bigsisterexp.com outlining in what way the Merch was damaged in transit so that we are able to take such action as we consider appropriate against the Delivery Service Provider.

Privacy

The Big Sister Experience takes your privacy seriously and any information provided through your use of the Website or any of our Services (or the use of the Services by any person(s) for whom you have purchased an Online Course) are subject to The Big Sister Experience’s Privacy Policy, which is available on the Website.

Limitation of Liability

No part of the Website or any of the Licensed Content shall be deemed to be, nor is it intended to be, personal counselling or advice.  All information contained in the Licensed Content is general in nature and cannot be relied on as personal advice.

The Big Sister Experience aims to provide Products to the highest standards, however, neither it nor trainers, affiliates, employees, agents, contributors, third party content providers and licensors accept any liability for any inaccuracy or misleading information included in the Licenced Content or Course Materials and any reliance by any individual on any such information, any loss or corruption of data, any loss of profit, revenue or god will, or any indirect, special or consequential loss arising from any breach of these Term.

The Big Sister Experience’s total liability arising out of or in connection with sale and purchase of Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Big Sister Experience is the resupply of information or Product to you.

You expressly acknowledge and agree that The Big Sister Experience, its trainers, affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

The Big Sister Experience is not responsible or liable in any manner for any website content (including the Content and Third Party Content) posted on the Website or in connection with the Product, whether posted or caused by users of the website of The Big Sister Experience, by third parties or by any of the Product offered by The Big Sister Experience.

You acknowledge that The Big Sister Experience does not provide the Delivery Services to you and you agree that The Big Sister Experience will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

Termination of Contract

The Terms will continue to apply until terminated by either you or by The Big Sister Experience as set out in this clause.  If you want to terminate the Terms, you may do so by:

  • notifying The Big Sister Experience at any time; and
  • Destroying and/or closing your accounts for all of the Licensed Content which you use, where The Big Sister Experience has made this option available to you.

We may restrict your access to the Licensed Content (including Online Courses)  if you breach these terms, including without limitation:

  • A failure to make any payment due to us; or
  • Failure to provide accurate information that is necessary for us to provide the Licensed Content to you

In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.

Your notice should be sent, in writing, to The Big Sister Experience via the ‘Contact Us’ link on our homepage.

The Big Sister Experience may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • The Big Sister Experience is required to do so by law;
  • the partner with whom The Big Sister Experience offered the Product to you has terminated its relationship with The Big Sister Experience or ceased to offer the Product to you;
  • The Big Sister Experience is transitioning to no longer providing the Product to Users in the country in which you are resident or from which you use the service; or
  • the provision of the Product to you by The Big Sister Experience is, in the opinion of The Big Sister Experience, no longer commercially viable.

 

Subject to local applicable laws, The Big Sister Experience reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Product without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Big Sister Experience’s name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and The Big Sister Experience have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify The Big Sister Experience, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
  • any breach of the Terms.

How these terms can be updated

The Big Sister Experience reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Big Sister Experience updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Venue and Jurisdiction

The Product offered by The Big Sister Experience is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

Governing Law

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

Severance

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

Definitions

“Checkout” means the digital checkout that purchasers of Online Courses, Downloadable Content or Merch access to offer to purchase from The Big Sister Experience and provide payment and other information.

“Commercially reasonable” means reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.

“Course Materials” means the information provided by The Big Sister Experience to accompany a course provided as part of the Services in hard copy or electronic form.

“Delivery Services” means the third party services that The Big Sister Experience contract with to arrange delivery of Merch

“Delivery Service Providers” means any third party that The Big Sister Experience contracts with to delivery Merch

“Downloadable Content” means the materials that are available for download from the Website whether for purchase or otherwise;

“Licenced Content” means material that has been produced by Big Sister Experience or its licensors and which is made available to you for your use subject to these terms and conditions, and includes text, media, information and files that are available to all users of the Website;  Course Materials which are only available to users who purchase Online Courses;  and other free and paid for Downloadable Content.

“Merch” means any goods that can be purchased via the Website

“Online Course” means any online course that we deliver via the Website.

“Products” includes both free and paid for Licenced Content and Merch.

“The Big Sister Experience” means Bitz Sisters Pty Ltd (ABN 68 631 205 957)

“Terms” these terms and conditions which govern our agreement in respect to the use of the Website and the sale and purchase of all Products and Services that can be accessed via the Website.

“Website” means the website operated by The Big Sister Experience

 

 

 

Version 2.0 dated 10 September 2020 (replaces version 1.0 dated 25 May 2020)