1. About the Website
    1. Welcome to www.withzest.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase 12 month Marketing Subscriptions and mentoring sessions (the ‘Services’) as well as Eproducts (Eproducts) for sale that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
    2. The Website is operated by Aventus Consulting Pty Ltd (ACN: 160 443 069) atf the Aventus Family Trust t/a With Zest. Access to and use of the Website, or any of its associated Products, is provided by With Zest. 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 Products, immediately.
    3. With Zest reserves the right to review and change any of the Terms by updating this page at its sole discretion. When With Zest 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.
  2. 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 With Zest in the user interface.
  3. Purchase of Products
    1. If you choose to purchase a Product, you will be bound by the terms and conditions provided to you at the point of purchase.
    2. 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’).
    3. Payment of the Purchase Price may be made through the available payment methods (the ‘Payment Gateway Providers’)
    4. 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.
    5. Following payment of the Purchase Price being confirmed by With Zest, you will be issued with a receipt to confirm that the payment has been received and With Zest may record your purchase details for future.
  4. Bookings, Cancellations, Refunds and Rescheduling
    For a 12 month Marketing Subscription
    1. With Zest requires all bookings for a 12 month Marketing Subscription to be made via the booking system provided (the ‘Booking System’).
    2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.
    3. You must notify With Zest of an intention to cancel your 12 month Marketing Subscription as soon as practicable through e-mail to hello@withzest.com.au and abide by the following (‘Cancellation Policy’).
    4. If you cancel your 12 month Marketing Subscription in the first 3 months the monthly Marketing Subscription Fees are non refundable and you must pay all remaining monthly Marketing Subscription Fees.
    5. If you cancel your 12 month Marketing Subscription after the first 3 months you will not receive a refund of the monthly Marketing Subscription Fees paid up to the date of cancellation. You will not be required to pay any of the remaining monthly Marketing Subscription Fees.
    6. With Zest will only provide you with a refund of the Fees in the event that With Zest is unable to continue to provide the 12 month Marketing Subscription.
    7. If you are unable to attend a workshop during the 12 month Marketing Subscription you will be able to access a recording of the workshop and participate in a half hour catch up session.
    8. During your 12 month Marketing Subscription you can rebook one on one mentoring sessions provided you do so x days prior to your session. You must rebook a one on one mentoring session in the same month that it was originally booked, otherwise you will forfeit the session.
    9. With Zest may change the Cancellation Policy at any time without notice and bookings made in advance of the change will not be affected.
    Mentoring
    1. With Zest requires all bookings for mentoring sessions to be made via the Booking System.
    2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.
    3. You must notify With Zest of an intention to cancel your mentoring session as soon as practicable through e-mail to hello@withzest.com.au and abide by the following (‘Cancellation Policy’).
    4. Mentoring sessions are non-refundable. This means that if you wish to cancel the mentoring session, all unpaid amounts of the fees are non-refundable.
    5. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to cancel the mentoring session, With Zest reserves the right to immediately collect all outstanding amounts of the fees without notice by charging your method of payment.
    6. Both Parties agree to reschedule any one-on-one sessions in writing.
    7. With Zest understands that things change, and therefore if you need to make a request to alter your mentoring session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the fees involved.
    8. With Zest may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
    Eproducts
    1. Eproducts 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 accounts@withzest.com.au.
    2. With Zest 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.
    3. With Zest does not provide refunds for any Eproducts. Please keep this in mind when making a purchase.
  5. Delivery of Services and License Information
    1. Each purchase of a 12 month Marketing Subscription grants to you access to the program through Memberpress. the Membership Portal (the ‘Membership Portal’).
    2. When you purchase a 12 month Marketing Subscription, With Zest 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 (the ‘Licence’).
    3. The Licence is valid for the term of the 12 month Marketing Subscription (‘Licence Term’). This means the 12 month Marketing Subscription services will be viewable via the download link for the Licence Term only. After this time the 12 month Marketing Subscription services will expire and you will no longer be able to access the Services.
    4. The 12 month Marketing subscription is 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 services materials, booklets, and access to any other aspect of the services.
  6. Warranty
    1. Eproducts
      1. With Zest’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’).
    2. Services
      1. With Zest will use its best efforts and take all reasonable steps to help you achieve the desired results. However, With Zest makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
      2. 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 With Zest, and are entitled to a refund for the unused portion, or to compensation for its reduced value
  7. Group Coaching
    It is important to With Zest that all participants are comfortable to fully participate in the Services. Therefore, if you are purchasing a 12 month Marketing Subscription the following clauses will apply.
    1. The 12 month Marketing subscription includes group coaching. As a participant in group coaching (Participant), you expressly agree that you will not, through any means:
      1. harm, harass, hassle or abuse other Participants; or
      2. send un-welcomed communication such as spam to other Participants; or
      3. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
      4. infringe the intellectual property or privacy rights of any Participant or any third-party.
    2. With Zest, at its discretion, reserves the right to remove, edit or alter any content created by you or on the Facebook Group or any other platform utilised in the delivery of the 12 month Marketing Subscription.
    3. With Zest retains the right to deny you access to the 12 month Marketing Subscription services at any time for breach of this Agreement.
  8. Copyright and Intellectual Property
    1. The Website, the Products and all of the related Services of With Zest are subject to copyright. The 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 Products and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Products are owned or controlled for these purposes, and are reserved by With Zest or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by With Zest, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      1. use the Website pursuant to the Terms;
      2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
      3. print pages from the Website for your own personal and non-commercial use.
    3. With Zest does not grant you any other rights whatsoever in relation to the Website or the Products. All other rights are expressly reserved by With Zest.
    4. With Zest retains all rights, title and interest in and to the Website and all related Products. Nothing you do on or in relation to the Website will transfer any:
      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    5. You may not, without the prior written permission of With Zest 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 Products or third party Products for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
  9. Privacy
    1. With Zest takes your privacy seriously and any information provided through your use of the Website and/or Products are subject to With Zest’s Privacy Policy, which is available on the Website.
  10. Mailing List Registration
    1. You will be given the option to register for the With Zest Mailing List (the ‘Mailing List’).
    2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
      1. (a)Email address
      2. Name
    3. If you choose to sign up for this service you agree to receive promotional materials, updates and other content from With Zest via e-mail.
    4. You can opt out at any time by following the unsubscribe process contained in the e-mail or by e-mailing hello@withzest.com.au.
  11. General Disclaimer
    1. You acknowledge that With Zest does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
    2. 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.
    3. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
      2. With Zest 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.
    4. Use of the Website, the Purchase Services, and any of the Products of With Zest is at your own risk. Everything on the Website, the Purchase Services, and the Products of With Zest, 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 With Zest make any express or implied representation or warranty about its Content (Content) or any products or Purchase Services (including the products or Purchase Services of With Zest) 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:
      1. 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;
      2. 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);
      3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
      4. the Content or operation in respect to links which are provided for your convenience;
      5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
      6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  12. Services Disclaimer
    You are solely responsible for creating and implementing your own marketing, business and financial, decisions, choices, actions and results arising out of or resulting from the Services and your sessions and interactions with With Zest. As such, you agree that With Zest is not and will not be liable or responsible for any actions or inaction, including effects on your business, personal life or career, or for any direct or indirect result of any Services provided by With Zest.
  13. Information Disclaimer
    Any free downloads, information, documentation, calculators, financial numbers, tools, social media links or other content provided on the Website, the associated blog or through the Products, including within Eproducts, do not constitute marketing, business or financial advice, and are provided for general information and illustrative purposes only. With Zest recommends you seek independent marketing, business or financial advice prior to relying on any information or documentation provided on the Website or within the Products. With Zest will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website, associated blog or within the Products.
  14. Limitation of liability
    1. With Zest’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 With Zest is the resupply of information or Purchase Services to you.
    2. You expressly understand and agree that With Zest, 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.
    3. With Zest 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 With Zest, by third parties or by any of the Purchase Services offered by With Zest.
  15. Indemnity
    1. You agree to indemnify With Zest, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. 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 your interaction with the Website;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
      3. any breach of the Terms.
  16. Venue and Jurisdiction
    The Purchase Services offered by With Zest is intended to be viewed by residents of Australia. In the workshop 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.
  17. 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.
  18. 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.
  19. 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.