Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the shiftingsands.com Website (the “Website”) operated by Shifting Sands Digital, a division of Marketing Professionals Australia Pty Ltd, also known as MPA (“us”, “we”, “our”), as these Terms and Conditions contain important information regarding limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms.
These Terms apply to everyone, including, but not limited to:
visitors, users and others, who wish to access or use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have our permission to access or use the Website.
When you create a membership account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. You can terminate your account by doing the following: by emailing us and by visiting the website and cancelling your membership.
Purchases To effect a purchase, you will be asked to supply your credit card number, expiration date, CCV, and billing address, either directly or via PayPal or Stripe.
All payments shall be processed immediately through a third-party service. We are not responsible for the retention or safety of your billing information that is collected by the third-party service.
You hereby represent and warrant that:
(i) you have the legal right to use any payment method(s) in connection with any purchase; and that
(ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, error(s) in your order, or for any other reason.
We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.
Each product, program, course, & class has its own individual refund policy, if any. This policy is stated on the registration page (also known as the sales page.) It is your responsibility to read the complete registration page when you purchase one of our products and to know what the refund policy is before you purchase. If not otherwise indicated, the policy is ‘no refund’. Warranty
We hereby disclaim all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service.
Availability, Errors and Inaccuracies
We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Website, and we cannot guarantee the 3 accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.
We make no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by us. We disclaim all warranties and conditions that this Website, its servers, or any email sent from us are free of viruses or other harmful components.
Links to Third-Party Sites
This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
If you are aware of an infringement of our intellectual property, please let us know by contacting us at email@example.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email at firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at email@example.com and include the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest
(ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
(iii) your address, telephone number, and email address
(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
Governing Law, Severability, Dispute Resolution, and Venue
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have had between us regarding the Website.
Any controversy or claim arising out of or relating to these Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in New South Wales, Australia.
We reserve the right to amend this policy at any time without any prior notice to you.
If you have any questions about our Terms and Conditions, please contact us at firstname.lastname@example.org