This website https://whitneyconsulting.com.au (the Site) is owned and operated by Mahjae Pty Ltd trading as Whitney Consulting (ABN 33 629 482 542) (“we”, “us” and “our”).

We are a project design, funding attraction and grant administration consulting  business. You can purchase programs, courses, coaching, information, products, consulting services and access to online communities or join our mailing list on our Site (“Site Services”). These Terms and Conditions together with our Privacy Policy and any online community terms or rules (“Terms”) apply to all visitors, subscribers, customers, members and other users of the Site and the Site Services.

By accessing and using our Site, and/or using or purchasing any materials or Site Services provided by us on our Site, whether available for purchase or not, you are deemed to have accepted these Terms.

To access or use the Site or the Site Services, you must be 18 years or older and have the power and authority to enter into a contract under the Terms.

You may also accept these terms where you click “agree”, “accept” or “buy” where such an option is made available to you during your use of the Site.  When you click “accept”, “agree”, “consent” or “buy” by electronic means using a device such as a mobile phone, desktop, laptop or tablet, your agreement or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand. You will also be  bound by any consent transmitted through the Site to receive electronic communications from us.

Continuing use of our Site and access to any materials available from us or the Site is deemed acceptance of any changes to these Terms.

If you are uncertain about the Terms, the Site Services or anything else on our Site, please contact us before completing any purchase.

We may change these Terms from time to time, consistent with applicable laws and industry standards, without notice to you. Any changes to the Terms will be effective from the date that we post the revised Terms on our Site. You are responsible for reviewing these terms prior to using or purchasing Site Services and periodically during your time as a visitor, customer or subscriber.

The Site Services, Site and any prices published on the Site may change or be discontinued without notice at any time. We will not be liable to you for any change in the Terms, the Site Services or the Site.

We may discontinue this Site at any time, without notice to you and in our absolute discretion. We may refuse access to this Site to any person at any time, in our absolute discretion. We are not liable for any loss that you suffer as a result of such discontinuance or exclusion.

To purchase and access some features of the Site and the Site Services, you may be required to register an account by providing us with accurate information including your name, your business name, address, a valid email address and telephone number.

You warrant that any information that you provide while registering an account is accurate and correct at the time you provide the information, and that you will update your details when they change.

Your account will be protected by a password that is known only to you, unless you disclose it to another person. We accept no liability for any activity that occurs in your account, including any orders for Site Services.

If we believe that you have breached these Terms, an applicable law, or that your conduct may give rise to a claim by us against you, we may suspend or cancel your account at any time in our absolute discretion.

On purchasing certain Site Services, you may be given access to a members’ only online community through a secure log in using an email, a password and a link. You agree not to share your log in credentials or the secure link with anyone for any reason.  You will not share your username and password with any person who did not pay for access to the Site Services.

You agree not to provide false information about yourself, to impersonate another individual or to provide misleading or false information or content.

Any intellectual property on the Site and in Site Services sold on the Site belongs to us or has been lawfully licensed to us by third parties. This includes copyrights, trademarks, proprietary information, designs, patents and other intellectual property rights, trade secrets, business information, business names, logo, designs, text, videos, audio files, graphics, presentation slides, other files and software (“Content”). Your use of the Site, including purchase of or access to any Site Services or Content, does not grant or transfer any rights, title or interest to you in relation to the Site, Site Services or the Content.  

When you purchase Site Services from us, including any written, audio or video content, we grant you a limited, revocable, non-exclusive and non-transferable licence to listen to, download or stream that content to your device, solely for personal, non-commercial use.

You agree that you will not copy, reproduce, distribute or use the Site Services or the Content other than as set out in these Terms.

You must not modify, publish, transmit, sell, lease, participate in the transfer, sale or commercial use of, create derivative works from, distribute, display, reproduce or perform, or in any way commercially exploit in any format whatsoever any part or the whole of the Site, the Site Services or the Content, without our prior written consent.

If we reasonably believe that you have commercially exploited our Site, the Site Services or the Content or otherwise breached these Terms, we will immediately remove your access to and terminate your licence to use our Site, Site Services and the Content. You will not be entitled to any refunded payments if your access is removed under this clause 5.

You must not, under any circumstances, use the Site, the Site Services or the Content:

You agree that you will not:

 


The Site is provided on an “as is” and “as available” basis and to the maximum extent permitted by law (including the Australian Consumer Law), we make no representations or warranties about our Site, the Content or the Site Services. In particular, we do not represent:

Any use of or reliance on the Site, the Site Services or the Content is entirely at your own risk.

All prices advertised on the Site are in Australian Dollars and include goods and services tax. Prices published on the Site may change at any time without advance notice to you.

You warrant when purchasing Site Services that any credit card or payment information that you provide to us or to our payment platform is accurate and complete, and any charges incurred by you will be honoured by your financial institution or credit card company. You agree to pay any charges incurred by you, including any taxes, and that if your payment method is not honoured for any reason, you will pay any additional incurred charges, including any surcharge we incur due to the failed payment.

As the Site Services and the materials on the Site are digital in nature, we do not offer refunds except where required by the Australian Consumer Law. We do not offer refunds because you change your mind. The onus is on you to read information about the Site Services and these Terms thoroughly.

If you purchase the Site Services in error, we offer a 24 hour cooling off period during which we will consider refunding the price. To qualify for a refund:

If we agree or are required by law to grant you a refund:


If you decide after the 24 hour cooling off period that you do not wish to continue the Site Services, you will remain responsible for payment of all outstanding price payments irrespective of whether you complete any course offered as part of the Site Services.

Being removed from any community created or managed in the course of the Site Services does not entitle you to any refund of the price.

We may terminate these Terms and your access to the Site and the Site Services:

If we terminate the Terms, all disclaimers and limitations of liability will survive the termination.

These Terms, together with any changes agreed in writing, constitute the entire agreement between us and you in relation to your use of the Site and the Site Services and supersede all previous communications, negotiations and agreements, whether oral, written or electronic.

If any of these Terms is found to be invalid or unenforceable by a court of law, that invalid or unenforceable term will be severed and will not affect the remainder of the Terms, which will continue in full force and effect.

These Terms are governed by the laws of Western Australia. If you believe that a dispute has arisen between us in relation to the Site Services or these Terms, please contact us in writing so that we can both, acting in good faith, work to resolve the dispute as quickly as possible. Where a dispute cannot be resolved, you agree to submit to the jurisdiction of the courts of Western Australia.

Effective date: 23 February 2021