Terms of Use

About the Website

Welcome to www.herbolduniverse.com (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various Eproducts and courses (the ‘Products’) that have been listed for sale on the Website as well as browse coaching services and download free Eproducts listed on the Website (the ‘Services’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
The Website is operated by Meg Louise Fanning (ABN: 49 930 635846) t/a Meg Fanning (‘Meg Fanning’). Access to and use of the Website, or any of its associated Products, are provided by Meg Fanning. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Meg Fanning reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Meg Fanning 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.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Meg Fanning in the user interface.

Purchase of Products and Returns Policy

In using the Purchase Services to purchase a Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
Payment of the Purchase Price may be made through the available payment methods (the ‘Payment Gateway Providers‘)
Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment of the Purchase Price being confirmed by Meg Fanning, you will be issued with a receipt to confirm that the payment has been received and Meg Fanning may record your purchase details for future use.
In the event that any payment under these Terms is not made in full on the due date, Meg Fanning is entitled to charge You interest at the rate of 5% per annum, calculated daily.
You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Meg Fanning for steps taken to enforce payment terms will be recoverable and payable by You.

Delivery – Eproducts

Eproducts are delivered are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact [e-mail].
Meg Fanning will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.

Delivery of Course and Licence Information

Each Course purchase grants to you access to the Course through the available course platform offered from time to time (the ‘Member Portal’).

When you purchase a Course through the Website, Meg Fanning grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).
The Licence is valid for the Course term outlined in the Course information page of the relevant Course (‘Licence Term’). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire and You will no longer be able to access the Course.
The Courses are intended for use in a single household within the licence Term only. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Course materials, digital resources, and access to any other aspect of the Course.

Refunds and Returns

Eproducts

Meg Fanning does not provide refunds for Eproducts. Please keep this in mind when making a purchase.

Course Refunds

You must notify Meg Fanning of an intention to cancel your involvement in the Course as soon as practicable through e-mail to meg@megpanozzo.com and abide by the following (‘Cancellation Policy’).
The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Fees are non-refundable.
For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Meg Fanning reserves the right to immediately collect all outstanding amounts of the Fees without notice by charging your method of payment, and your access to the Course will be revoked.

Course Disclaimer

You are solely responsible for creating and implementing Your own business, career, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Course and interactions with Meg Fanning. As such, you agree that Meg Fanning is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Course provided by Meg Fanning.

Warranty

1. Products

Meg Fanning’s 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 Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.

2. Services

Meg Fanning will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Meg Fanning makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to cancel your service contract with Meg Fanning and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

Copyright and Intellectual Property

You acknowledge that the Website, the Purchase Services, all of the related Products and Services of Meg Fanning, the associated blog and social media accounts, Meg Fanning’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Meg Fanning or her affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (‘the Content’).
You hereby indemnify and agrees to keep indemnified Meg Fanning against all liability, losses or expenses incurred by Meg Fanning in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Meg Fanning or any third party by you or your agents.
You may not, without the prior written permission of Meg Fanning 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 the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Meg Fanning, Meg Fanning grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

Privacy

Meg Fanning takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Meg Fanning’s Privacy Policy.

Information Disclaimer

Any information, advice, content or documentation provided on the Website, through the Services or within Products, social media accounts, podcast, blog or on any other related platform do not constitute career, professional, financial, business or other advice, and are provided for general information and guidance purposes only.
All care is taken in the preparation of the information and published materials on the Website, through the Services or within Products, social media accounts, podcast, blog, or on any other related platform. Meg Fanning does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
To the extent permissible by law, Meg Fanning will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the services or within Products, social media accounts, podcast, blog, or on any other related platform.

General Disclaimer

You acknowledge that Meg Fanning does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
Meg Fanning will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
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 this clause, 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
Meg Fanning 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the Products and Services of Meg Fanning is at your own risk. Everything on the Website, the Purchase Services, and the Products and Services of Meg Fanning, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Meg Fanning make any express or implied representation or warranty about its Content or any Products, Services or Purchase Services (including the Products, Services or Purchase Services of Meg Fanning) 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, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
the Content or operation in respect to links which are provided for your 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.

User Generated Content

If you choose to contribute any content to the Website or any other platform operated by Meg Fanning, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
By contributing content to the Website, you grant Meg Fanning a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Meg Fanning.
Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Meg Fanning can use that information with your User Content for advertising and promotional purposes, or any other business purpose.
You confirm you own or have the right to use any copyright material included in Your Content (including replies to Meg Fanning social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Meg Fanning. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
Please ensure you keep your own copies of Your Content as Meg Fanning may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
Meg Fanning will endeavour to provide you with an appropriate credit when using Your Content on Meg Fanning platforms, though you understand and agree this may not always be possible.
Meg Fanning reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

Mailing List Registration

You will be given the option to register for the Meg Fanning Mailing List (the ‘Mailing List‘).
As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

Email address
Name
Mobile phone number

If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Meg Fanning.

Limitation of Liability

Meg Fanning’s total liability arising out of or in connection with the Purchase Services 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 Meg Fanning is the resupply of information or Purchase Services to you.
You expressly understand and agree that Meg Fanning, its 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.
Meg Fanning is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Meg Fanning, by third parties or by any of the Purchase Services offered by Meg Fanning.

Indemnity

You agree to indemnify Meg Fanning, 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.

Venue and Jurisdiction

The Purchase Services offered by Meg Fanning are 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 New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

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.